P-1636

The Ministry of Finance (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for copies of all records held by the Ontario Securities Commission (the OSC) relating to the requester and to six named corporations. The requester 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 requester later narrowed the scope of his request to include only those records which were compiled between 1985 and 1997.

The Minister of Finance is the "head" of the OSC for the purposes of the Act. Requests and appeals under the Act are dealt with on behalf of the OSC by the Ministry. For ease of reference, this order will refer to actions taken by the Ministry on the OSC's behalf as actions of the OSC.

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 OSC provided the requester with an index describing each responsive document and the exemptions which it applied to each. The OSC also stated that a fee of $36.40 was being charged for photocopying of those records which it proposed to disclose. The requester, now the appellant, appealed the OSC decision.

...

• FIPPA
• 14(2)(a)
• 15(b)
• 2(1) personal information (a)
• 2(1) personal information (b)
• 2(1) personal information (c)
• 2(1) personal information (d)
• 2(1) personal information (h)
• 21(3)(b)
• 49(b)
• 67(2)
• 13(1)

• Confidentiality Provision in another Act
• reconsideration
• Securities Act