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P-705
The Ontario Lottery Corporation (the OLC) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to certain information relating to the business relationship between the OLC and former distributors of OLC's lottery products. In particular, the requester sought access to a list of the gross earnings of the former distributors as well as each distributor's severance package. The OLC had terminated its contracts with these distributors in December 1991.
Pursuant to section 28 of the Act, the OLC notified the distributors whose interests might be affected by the disclosure of the gross earnings and severance package. Following the receipt of representations from some of these individuals, the OLC decided to disclose certain of the requested information, but to deny access to the distributors' gross earnings and severance payments claiming section 21(1) of the Act.
The requester appealed the OLC's decision.
Mediation of the appeal was not successful. A Notice of Inquiry was sent to the OLC, the appellant and the distributors. Representations were received from the appellant, the OLC and 12 of the 45 distributors. One distributor consented to the release of all information pertaining to his distributorship; the others who responded to the notice objected to disclosure.
The OLC subsequently issued a second decision letter exempting the gross earnings information from disclosure pursuant to sections 17(1), 18(1)(c) and (e) and 21(1) of the Act.
Information and Privacy Commissioner of Ontario. All Rights Reserved.