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Document
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P-21
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File #
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880028
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Institution/HIC
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Ontario Labour Relations Board
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Summary
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Orders, (see Appeal Nos. 880010, 880016 and 880086) section 67 does not contain an exemption to the Act's disclosure obligations. Rather, subsection 67(2) provides that the Act overrides "confidentiality provisions" in other legislation, unless the other legislation specifically provides otherwise. However, because subsection 67(3) delays the application of subsection 67(2) until January 1, 1990, a head may be bound not to disclose information pursuant to a "confidentiality provision" contained in another piece of legislation until that date. In this appeal, the institution has relied on subsection 111(6) of the Labour Relations Act , as a "confidentiality provision" which forbids the disclosure of the information requested by the appellant. This provision reads as follows: 111.-(6) No information or material furnished to or received by a labour relations officer under this Act and no report of a labour relations officer shall be disclosed except to the Board or as authorized by the Board , and no member of the Board and no labour relations officer is a competent or compellable witness in proceedings before court, the Board, or other tribunal respecting any such information, material or report. (emphasis mine) In my opinion, this provision qualifies as a "confidentiality provision" as the term is used in section 67 of the Freedom of Information and Protection of Privacy Act, 1987 . Although, as I stated in an earlier Order (see Appeal No. 880016) I do not purport to offer a definitive outline of all types of provisions contemplated by section 67, it is clear in this case that subsection 111(6) of the Labour Relations Act employs mandatory language that "no information shall be disclosed". A discretionary power has been accorded to the Board to authorize disclosure, however, the Chair of the Labour Relations Board has no such authority under the "confidentiality provision". Accordingly, I am satisfied that this provision does operate to forbid the head from disclosing information or material furnished to or received by a labour relations officer under the Labour Relations Act as well as a report of a labour relations officer. Therefore, my response to Issue A is in the affirmative. Before I move to a consideration of Issue B, I would like to address the unique nature of the "confidentiality provision" contained in subsection 111(6) of the Labour Relations Act . Although subsection
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Legislation
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Subject Index
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Signed by
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Sidney Linden
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Published
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Oct 13, 1988
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Type
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Order
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2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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