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This appeal was received pursuant to subsection 50(1) of the Freedom of Information and Protection of Privacy Act, 1987, (the "Act") which gives a person who has made a request for access to a record under subsection 24(1) a right to appeal any decision of a head under the Act to the Commissioner.
The facts of this case and the procedures employed in making this Order are as follows:
1. On June 28, 1989, the Ministry of the Attorney General's Freedom of Information and Privacy Co-ordinator received the following request:
In the Public Accounts for the Ministry of the Attorney General for the fiscal year '86-'87, appears an income item of $1,784,000.00 from escheated estates, which had been administered by the Public Trustee, presumably where the next-of-kin could not be located by that office.
When the Public Trustee applies for administration of an estate, Form #1, a public record, is filed by that office, as required by sect.14 of the regulations under the Public Trustee Act.
I wish to know the details as found on Form #1, for the estates escheated in '86 '87.
The Freedom of Information and Privacy Co-ordinator for the Ministry of the Attorney General also acts as Co-ordinator on behalf of the Public Trustee (the "institution") which is an agency designated as an institution in Ontario Regulation 532/87, as amended, under the Freedom of Information and Protection of Privacy Act, 1987. The Public Trustee is the institution referred to in this order and the Attorney General is the head of the institution for the purposes of this Act.
2. After extending the time limit, the institution responded to the requester by letter dated August 26, 1988, stating that "access is denied under section 67 of the Freedom of Information and Protection of Privacy Act which permits the confidentiality provisions of section 18 of the Public Trustee Act to prevail."
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