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The Ontario Securities Commission (the OSC) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for a copy of the following:
1. a current list of Limited Market Dealers
2. a current list of Securities Dealers
3. every Form 20 filed with the Ontario Securities Commission during 1991 and 1992 to date
The OSC acknowledged that records responsive to the request existed but denied access pursuant to section 22(a) of the Act. The OSC advised the requester that the records could be obtained by subscription through a private company, Micromedia Limited, (Micromedia) or at the Metropolitan Toronto Reference Library (the Library). The requester appealed the decision.
During the course of mediation, the appellant advised the Appeals Officer that the records were not available at the Library but if they were, he would be satisfied with this alternative access system. The Appeals Officer verified that the Form 20's (Record 3) could be obtained at the Library and the appellant withdrew his appeal as it related to that record. The remaining records [Records 1 and 2, above] were not available from the Library.
Further mediation was not possible and the matter proceeded to inquiry. Notice that an inquiry was being conducted to review the decision was sent to the appellant and the OSC. Representations were received from both parties.
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