P-1636-F

The Ontario Securities Commission (the OSC) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for copies of all records relating to the appellant and to six named corporations. The appellant clarified that he was interested in obtaining records created by the OSC between 1979 and 1997 relating to any investigations, inquiries or comments with respect either to himself or to any of the corporations. The appellant later narrowed the scope of his request to include only those records which were compiled between 1985 and 1997.

The OSC located a large number of documents responsive to the request and issued a decision granting access to some records and denying access to others, pursuant to the following exemptions contained in the Act

• advice or recommendations - section 13(1);
• law enforcement - sections 14(1)(a), (b), (c) and (g), 14(2)(a) and (c) and 14(3);
• relations with other governments - section 15(b);
• invasion of privacy - sections 21(1) and 49(b);
• discretion to refuse requester's own information - section 49(a).

The appellant appealed the denial of access to all but one record.

After reviewing the records, the Mediator contacted the OSC to clarify the existence of certain enclosures and appendices which were referred to in other records, but did not form part of the documents provided to this office. The Mediator also asked for an explanation as to the reason for certain discrepancies between the records and the index which was provided to this office. The OSC responded, in part, as follows:

Paragraph 9 of section 67(2) of the Act prohibited it from providing copies of the attachments referred to in Records 24, 29, 31 and 56.

The Mediator advised the OSC that even if it maintains that section 67 applies to the attachments to Records 24, 29, 31 and 56, it should provide this office with a copy of them in order to enable the Adjudicator to determine whether the confidentiality provisions in sections 16 and 17 of the Securities Act prevail over the Act with respect to this information. Further, the Mediator advised the OSC that it should issue a revised decision addressing the issue of section 67.

...

• FIPPA
• 67(2)

• Securities Act