|
|
|
|
|
|
|
|
|
|
|
|
|
|
Document
|
|
P-241
|
|
|
|
|
|
File #
|
|
Appeal 900186
|
|
|
|
|
|
Institution/HIC
|
|
Stadium Corporation of Ontario
|
|
|
|
|
|
Summary
|
|
O R D E R This constitutes my Final Order disposing of the outstanding issues as referred to in Interim Order 163. INTRODUCTION : On June 25, 1989, the requester wrote to the Stadium Corporation of Ontario (the "institution") requesting access to the following records: [1]..complete Board Meeting minutes held after...April 12/88..., up to and including June 25, 1988. 2. any updated 1988 briefing notes/binders, 3. any financial summaries of the effects of construction delays, including rearranged financing, 4. any memos/records prepared on my two previous FOI requests of Nov. 20/88 [sic] and May/88, and 5. any technical assessments done on the unique roof design/construction since 1985 until the present or any contemplated. The institution's Freedom of Information and Privacy Co-ordinator (the "Co-ordinator") responded to the request by providing partial access to the requested records. Access to certain records or parts of the records was denied pursuant to the following provisions of the Freedom of Information and Protection of Privacy Act, 1987 , (the " Act "): 1. Complete Minutes of Board Meetings: subsections 13(1), 17(1)(a),(b),(c) and 18(1)(a),(c),(e),(f) and (g) 2. Memos prepared on the requester's two previous requests for access to information under the Act : subsection 13(1) and section 19 3. Technical assessment on the unique roof design: subsections 18(1)(a) and (c) The requester appealed the head's decision to deny access to the records responsive to parts 1, 4 and 5 of his request. While mediation efforts resulted in the disclosure of additional information to the appellant, final settlement of the appeal was not effected. Accordingly, the matter proceeded to inquiry. On April 24, 1990, former Information and Privacy Commissioner Sidney B. Linden issued Interim Order 163. At that time he ordered the institution to take the following action: 1. Disclose to the appellant the records listed in Appendix "C" within twenty (20) days of the date of this Interim Order and advise this office in writing within five (5) days of the date of disclosure of the records, of the date on which disclosure was made. (Appendix "C" lists records that have not been found to be exempt and for which section 17 was not claimed as an exemption, as well as records which the institution, during the inquiry, agreed to release to the appellant.); 2. Provide representations, if the head should exercise his discretion in favour of non-disclosure, within twenty (20) days of the date of this Interim Order, as to the exercise of discretion under sections 18 and 19 in respect of records #6, 9 to 16 inclusive, 23, 27 to 31 inclusive, 34 and 35 as numbered and described in Appendix "B". The head is required to include in his representations the reasons for the exercise of discretion as well as the facts and circumstances that were taken into account; and 3. Notify the third parties to whom the records or parts of records listed in Appendix "D" relate, providing them with copies of the records in question. The head is required to notify the affected parties within twenty (20) days of receipt of this Order and copies of the notices are to be sent to this office within five (5) days of the date on which they were provided to the third parties. The third parties will then be contacted directly to elicit representations from them as to the application of section 17 of the Act to the records at issue. Appendix "A" to this Order contains a list of records for which section 17 was claimed by the head and for which the head sent out notices pursuant to provision 3 of the Interim Order. Appendix "B" to this Order contains a list of the records for which the institution was ordered to make representations as to its exercise of discretion pursuant to provision 2 of the Interim Order. In addition, at page 19 of the Interim Order, former Commissioner Linden stated that he would defer his decision on the application of section 23 of the Act to Records 6, 9 to 16 inclusive and 23 until the head had submitted his representations regarding the exercise of his discretion in the application of section 18 of the Act . BACKGROUND TO THIS ORDER : On May 14, 1990, the institution provided the appellant with access to the records or parts of records listed in provision 1 of Interim Order 163. In response to provision 2 of the Interim Order, counsel for the institution provided written representations concerning the head's exercise of discretion under sections 18 and 19 in respect of the records or parts of records listed in Appendix "B" to this Order. Due to the resignation of Commissioner Linden and the fact that I would be deciding the remaining issues in this appeal, I provided both the institution and the appellant with the opportunity to submit further representations on the applicability of sections 18 and 19 to the relevant records. I also extended to both parties the opportunity to make further representations as to the reasons for the exercise of discretion. No further representations were received from either party. On May 14, 1990, the institution notified five third parties (the "affected parties") of the existence of the appeal and provided them with copies of the records or parts of records withheld from disclosure pursuant to section 17 of the Act . By letter dated August 28, 1990, this office invited the affected parties to make representations as to the application of section 17. All five affected parties submitted written responses. Of the five, three requested that the Commissioner uphold the head's decision to deny access to Records 2, 3, 4 and 5 as listed in Appendix "A". The affected party whose interests might be affected by the disclosure of Record 1 did not object to its release. The final party advised this office that it did not wish to make any representations on the issue. PRELIMINARY ISSUE : One of the affected parties asserts that as a federal Crown corporation it is not "affected by" the Act . Therefore, it submits that Records 3 and 4 which it feels contain the federal Crown corporation's information, are not subject to the Act . I have reviewed Re
|
|
|
|
|
|
Legislation
|
|
-
FIPPA
-
10(1) custody or control
-
17(1)(a), (b) & (c)
-
Section 23
-
17(1)
|
|
|
|
|
|
Subject Index
|
|
|
|
|
|
|
|
Signed by
|
|
Tom Wright
|
|
|
|
|
|
Published
|
|
Sep 20, 1991
|
|
|
|
|
|
Type
|
|
Order – Final
|
|
|
|
|
|
<<
Back
|
|
|
|
Back to Top
|
 |
|
|
|
© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
|