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Summary
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The Advertising Review Board (ARB) of Management Board of Cabinet (MBC) conducted a competition to select an advertising agency to promote the Ontario Government's "jobsOntario" program. As part of the competition, the ARB sent questionnaires to a number of advertising agencies, and subsequently short-listed five agencies for detailed consideration. The requester made a request to MBC under the Freedom of Information and Protection of Privacy Act (the Act) for access to the information submitted by the five short-listed agencies in response to questions 1, 2, 3, 4, 6, 7 and 10.
MBC notified the five short-listed agencies pursuant to section 28(1) of the Act. One of them consented to disclose its responses, and MBC released this information to the requester. The four other agencies provided representations to MBC objecting to disclosure of their responses.
After reviewing the representations, MBC decided to provide the requester with access to the responses to questions 1, 4, 6, 7 and 10, but denied the requester access to the responses to questions 2 and 3, pursuant to sections 17(1) and 21 of the Act.
The requester did not appeal MBC's decision to deny access to the responses to questions 2 and 3. However, three of the agencies appealed the decision to provide the requester with access to the responses to questions 1, 4, 6, 7 and 10, claiming sections 17(1) and/or 21 of the Act. This order deals with one of those appeals.
Mediation of the appeal was not successful, and notice that an inquiry was being conducted to review MBC's decision was sent to MBC, the original requester and the agency (the appellant). Representations were received from the appellant only.
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