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Document
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PO-1721
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File #
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PA-980309-1
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Institution/HIC
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Ministry of Health
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Summary
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NATURE OF THE APPEAL:
The Ministry received a request under the Freedom of Information and Protection of Privacy Act
(the Act) for access to the following:
All information held by the Ministry of Health, including the OHIP offices and any
associated advisory panels and working groups, related to the following
recommendation, "PSC recommendations for fiscal 1998-99 approved by OMA
Board section e) 3. Immunizations for the purpose of travel.@ from the beginnings of
PSC to this date, including all documents, minutes, communications (written,
facsimiles, electronic mail), recordings and any other relevant material. All personal
identifiers, which would be legitimately used as an exemption for release of
information, may be removed.
The Ministry located 72 responsive records in three program areas: Legal Services, Negotiations
Secretariat and Provider Services. Upon payment of the requested fee of $48.70, the Ministry
granted access in full to three records, partial access to 14 records, and denied access to the
remaining 55 records.
- 2 -
[IPC Order PO-1721/October 18, 1999]
The following exemption claims were relied on by the Ministry as the basis for denying access to 46
of these records:
$ sections 12(1)(b) and (f) - Cabinet records
$ section 13(1) - advice and recommendations
$ section 17(1) - third party information
$ sections 18(1)(c) and (d) - economic and other interests of Ontario
$ section 19 - solicitor-client privilege
$ section 21(1) - personal information
The remaining 23 records were denied in full on the basis that they fell outside the scope of the Act,
pursuant to section 65(6)3.
The Ministry also maintained that a great deal of information included in the records relates to topics
other than travel immunization, and that these parts of the various records were not responsive to the
request.
The requester, now the appellant, appealed the Ministry=s decision, including the amount of the fee.
He also claimed that further responsive records should exist, including:
$ amounts known to OHIP or the Ministry and provided to the PSC for their
deliberations which were paid for in fee-for-service, technical fees, and
medication costs for Travel Medicine services;
$ amounts paid for investigation and management of travel related ailments;
and
$ documents related to the PSC creation, mandate, membership, financial
support and processes which led up to the decision making related to the
Travel Medicine recommendation.
During mediation, the appellant agreed not to pursue access to those parts of records identified by
the Ministry as non-responsive, as well as records or partial records exempted by the Ministry under
sections 12(1)(f) and 21(1) of the Act. Consequently, Records 1A, 4A, 6A, 11A, 28A, 19B, 27B,
1C, 2C, 3C and 7C are no longer at issue in this appeal.
Also during mediation, the Ministry conducted a further search and located four additional
responsive records. The Ministry claimed sections 12(1)(c) and 13(1) as the basis for denying
access to these records. I will refer to them as Records 1D, 2D, 3D and 4D.
A Notice of Inquiry was sent to the Ministry, the appellant and the OMA as a party whose interests
may be affected by the outcome of this appeal. Representations were received from all three parties.
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Legislation
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Signed by
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Tom Mitchinson
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Published
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Oct 18, 1999
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Type
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Order
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Judicial Review
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Institution's application dismissed December 5, 2002
Institution's appeal allowed by Court of Appeal October 22, 2003
Ontario (Minister of Health and Long-Term Care v. Ontario (Assistant Information and Privacy Commissioner), [2003] O.J. No. 4123, Tor. Doc. C39677 (C.A.), reversing [2002] O.J. No. 4769, 166 O.A.C. 183, Tor. Doc. 784/99 (Div. Ct.)
Divisional Court Decision
Court of Appeal Decision
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