|
|
|
|
|
|
|
|
|
|
|
|
|
|
Document
|
|
P-25
|
|
|
|
|
|
File #
|
|
880174
|
|
|
|
|
|
Institution/HIC
|
|
Ontario Labour Relations Board
|
|
|
|
|
|
Summary
|
|
nature of the records requested, the head's decision and the representations of the head received in regards to this appeal are virtually identical to Appeal 880028. The representations of the appellant raise no issues or arguments that were not fully addressed in that previous appeal. In view of the above, the disposition of the issues raised by this appeal is the same as in Appeal 880028. As I stated in my Order in Appeal 880028, as Information and Privacy Commissioner, I am charged with the responsibility of ensuring that the rights and obligations set out in the Freedom of Information and Protection of Privacy Act, 1987 are respected and complied with. Where, as in this case, an institution purports to remove itself from the ambit of the Act through the use of a "confidentiality provision" in another act, it is my responsibility to scrutinize the provision of that other act to ensure that both the subject matter and the person who would be releasing the requested information under that act are covered by the "confidentiality provision" relied on. I have done so in this case and for the reasons given in my Order in Appeal 880028, released October 13, 1988, I find that, in the circumstances of this appeal, subsection 111(6) of the Labour Relations Act operates as a "confidentiality provision" barring the application of the Freedom of Information and Protection of Privacy Act, 1987 , in respect of the information requested. Accordingly, the decision of the head is upheld and the appeal is dismissed. As stated in my Order in Appeal 880028, subsection 111(6) of the Labour Relations Act contains a discretionary power that has been accorded to the Board to disclose information obtained by a labour relations officer as well as the report of a labour relations officer. As this particular "confidentiality provision" will bar the application of the Freedom of Information and Protection of Privacy Act, 1987 until January 1, 1990, I encourage the institution to suggest to Boards, when they are involved in a particular case, to consider the release of information such as a report of a labour relations officer, to those involved in the case. Original signed by: Sidney B. Linden Commissioner October 24, 1988
|
|
|
|
|
|
Legislation
|
|
|
|
|
|
|
|
Subject Index
|
|
|
|
|
|
|
|
Signed by
|
|
Sidney Linden
|
|
|
|
|
|
Published
|
|
Oct 24, 1988
|
|
|
|
|
|
Type
|
|
Order
|
|
|
|
|
|
<<
Back
|
|
|
|
Back to Top
|
 |
|
|
|
© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
|