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This appeal was received pursuant to subsection 50(1) of the Freedom of Information and Protection of Privacy Act, 1987, (the "Act") which gives a person who is given notice of a request, under subsection 28(1) of the Act, a right to appeal any decision of a head to the Commissioner.
The facts of this case and the procedures employed in making this Order are as follows:
1. On March 1, 1988, the Ontario Labour Relations Board (the "institution") notified a third party (the "appellant" in this appeal) that it was going to release certain severed portions of a number of records pursuant to an access request received by the institution. The records consisted of the contents of a union certification application made by the appellant to the institution.
2. By letter dated March 23, 1988, the third party appealed the institution's decision to release the records and I gave notice of the appeal to the institution and the two original requesters.
3. A copy of the records was reviewed by an Appeals Officer from my staff, and efforts were made to settle the appeal. A settlement was not effected as the parties maintained their respective positions.
4. On July 27, 1988, I advised the appellant, the institution, and the original requesters by letter that I was conducting an inquiry to review the decision of the head. Enclosed with this letter was a copy of an Appeals Officer's Report, intended to assist the parties in making their representations concerning the subject matter of the appeal. The Appeals Officer's Report outlines the facts of
the appeal and sets out questions which paraphrase those sections of the Act which appear to the Appeals Officer, or any of the parties, to be relevant to the appeal. The Appeals Officer's Report indicates that the parties, in making representations to the Commissioner, need not limit themselves to the questions set out in the Report. The Report is sent to all persons affected by the subject matter of the appeal.
5. By letter dated August 11, 1988, I invited the parties to provide written representations to me. I received representations from the appellant, the institution and one of the original requesters. On August 17, 1988, the other original requester advised me that his access request was being withdrawn.
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