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The Ministry of Finance (the Ministry) received three identical requests on behalf of the Ontario Securities Commission (the OSC) under the Freedom of Information and Protection of Privacy Act (the Act) from a lawyer representing three different clients. Each request was for the Regulatory Escrow Trust Agreement and trust statements relating to the purchase of certain assets belonging to three named companies by another company in 1999.
The OSC is a scheduled institution under the Act, but the Ministry’s Freedom of Information Coordinator handles requests on behalf of the OSC, and all correspondence concerning these requests and appeals was channeled through the Ministry. The proper institution in these matters is the OSC, and I will refer to it rather than the Ministry throughout this order.
Pursuant to section 28 of the Act, the OSC identified seven parties that might have an interest in the records (the affected parties), and sought their views regarding disclosure. Some affected parties objected, while others did not respond.
After considering the affected parties’ submissions, the OSC informed the three requesters and the various affected parties that it had decided to grant partial access to Record 1 and to deny access to the rest of Record 1 and all of Records 2 and 3 on the basis of the exemptions in sections 17(1) (third party information) and 21 (invasion of privacy) of the Act.
All three requesters appealed the OSC’s decision, and each requester’s appeal was assigned a separate appeal number:
Requester A – PA-030325-1
Requester B – PA-030326-1
Requester C – PA-030327-1
Those three appeals are the subject of this order.
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