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Document
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P-228
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File #
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Appeal 900038
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Institution/HIC
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Stadium Corporation of Ontario This constitutes my Final
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Summary
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Order disposing of the outstanding issues as referred to in Interim Order 141. INTRODUCTION : On June 9, 1989, the requester wrote to Stadium Corporation of Ontario (the "institution") requesting access to "Board minutes from Stadium Corporation of Ontario meetings, June 1988 to present". 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 parts of the records was denied pursuant to sections 13, 17, 18 and 19 of the Act . The requester appealed the head's decision to sever and withhold parts of the requested records. The records consist of the minutes of four meetings of the institution's Board of Directors dated June 15, 1988; August 11, 1988; August 13, 1988; and November 3, 1988. A total of 43 severances were made to the records and withheld from disclosure. Because of the number and nature of the exemptions claimed by the institution to deny access to the requested records, the appellant and the institution requested that the matter proceed to inquiry. On January 23, 1990, former Information and Privacy Commissioner Sidney B. Linden issued Interim Order 141. At that time he ordered the institution to take the following action: 1. Release to the appellant the severances listed in Appendix "B" which severances the institution has indicated may now be released, within twenty (20) days of the date of this Interim Order and advise me in writing within five (5) days of the date of disclosure of the severances, of the date on which disclosure was made. 2. Release severances A, F, G, I and K (identified in Appendix "A") for which I have found no exemptions to be applicable within twenty (20) days of the date of this Interim Order and advise me in writing within five (5) days of the date of disclosure of the severances, of the date on which disclosure was made. 3. Provide me with representations as to the discretion exercised under subsections 13(1) and 18(1) in respect of the exempt portion of severance "H" and all of severance "L" respectively within twenty (20) days of the date of this Interim Order. 4. Notify the third parties affected by this appeal of the severances made pursuant to section 17 of the Act (severances B, C, D, E, H, J, M, N and O), providing them with a copy of the severance in question within twenty (20) days of the date of this Interim Order. Copies of these notices are to be sent to me within five (5) days of the date on which they are provided to the third parties. I will contact these third parties directly to elicit representations from them as to the application of section 17 of the Act . For ease of reference, I will use the same letters used in Interim Order 141 to identify each severance which remains at issue. Appendix "A" to this Order is a list of severances for which section 17 was claimed by the head and for which the head sent out notices pursuant to provision 4 of the Interim Order. Appendix "B" to this Order lists the severances for which the institution was ordered to make representations as to its exercise of discretion pursuant to provision 3 of the Interim Order. BACKGROUND TO THIS ORDER : Subsequent to the issuance of the Interim Order and prior to the release of any of the records to the appellant, counsel for the institution wrote to Commissioner Linden claiming that section 17 was applicable to severances F and K, and that the applicability of this section had not been considered by the former Commissioner in his Interim Order. In Commissioner Linden's view it was far from clear from the representations made by the institution that this section of the Act had been claimed as a possible ground for exemption of severances F and K. However, because of his concern for the rights of the third parties who had not been notified of the appeal, the former Commissioner was prepared to consider the application of section 17 to severances F and K and, accordingly, asked the institution to follow the requirements of provision 4 of the Interim Order in regard to these two severances. On February 9, 1990, the institution provided the appellant with access to the severances listed in provision 1 of Interim Order 141. It also released severances A, G, I and J (identified in provision 2 of Interim Order 141) at that time. For the reasons previously noted, the institution did not release the information contained in severances F and K. In response to provision 3 of the Interim Order, counsel for the institution provided written representations concerning the head's exercise of discretion under subsections 13(1) and 18(1) in respect of the exempt portion of severance H and all of severance L respectively. Because of the resignation of Commissioner Linden and the fact that I would be deciding the remaining issues in this appeal, I granted both the institution and the appellant the opportunity to submit further representations on the applicability of subsections 13(1) and 18(1) to the relevant records including the reasons for the exercise of discretion. No further representations were received from either party. On February 7, 8 and 9, 1990, the institution notified nine third parties whose interests might be affected by this appeal (the "affected parties") of the severances made pursuant to section 17 of the Act . By letter dated February 22, 1990, this office invited the affected parties to make representations as to the application of section 17 of the Act . Seven of the affected parties submitted written representations. Of these seven, five requested that the Commissioner uphold the head's decision to deny access to severances C, D, E, F, H, K and O. The other two had no objection to the disclosure of severances B, M and N. The two remaining affected parties were contacted directly by this office by telephone. Neither objected to the disclosure of the severances affecting their interests, severances M and N. PRELIMINARY ISSUE : In his representations, the solicitor for one of the affected parties asserts that as the information contained in severance D relates to a federal Crown corporation, it is "not affected by" the Act . Having reviewed the information I do not agree with this assertion. Severance D consists of an entry in the minutes of a meeting of the institution's Board of Directors. The entry indicates t
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Legislation
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FIPPA
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17(1)(a), (b) & (c)
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13(1)
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17(1)
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18(1)
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Subject Index
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Signed by
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Tom Wright
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Published
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Apr 17, 1991
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Type
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Order – Interim
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