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The Ministry of Agriculture, Food and Rural Affairs (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to copies of the reports prepared by a named inspector concerning the use of animals in experiments at research facilities in Ontario from 1995 until the date of the request. The reports were prepared pursuant to the provisions of the Animals for Research Act. The requester also sought access to a list of all registered research facilities in Ontario which conduct animal experimentation.
The Ministry provided access to the list of research facilities, but denied access to the 110 inspection reports on the basis of the following exemptions in the Act:
endanger life or safety - section 14(1)(e)
security - section 14(1)(i)
third party information - section 17(1)
invasion of privacy - section 21(1)
The requester (now the appellant) appealed the Ministry's decision. In his letter of appeal he raised the possible application of section 23 of the Act, the so-called public interest override.
During mediation, the appellant confirmed that he is not interested in receiving access to the names of individuals involved in the research projects. Therefore, the possible application of section 21(1) of the Act is no longer at issue.
The appellant also indicated that he is not interested in the names of the institutions conducting particular research projects and that he is only seeking access to the numbers and species of animals used, and the nature of the research performed, as this information appears in each of the reports.
A Notice of Inquiry was sent to the Ministry, the appellant and the 44 research facilities identified in the responsive records (the affected parties). Representations were received from the Ministry, the appellant and 27 affected parties.
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