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O R D E R This constitutes my Final Order disposing of the outstanding issues as referred to in Interim Order 162. INTRODUCTION : On April 24, 1990, Sidney B. Linden, former Information and Privacy Commissioner/Ontario, issued Interim Order 162 in Appeal Number 880186. I will briefly summarize the facts of that appeal and the procedures employed in making the Interim Order in order to provide some background to the issues that will be dealt with in this Order. On November 20, 1987, the appellant wrote to Stadium Corporation of Ontario Limited (the "institution") seeking access to the following information, "in the spirit of Bill 34 [the Freedom of Information and Protection of Privacy Act ]": a) all contracts to build, manage and control the stadium, and all sources of financing both utilized and committed to the development, including public and private sources b) all special arrangements, privileges the private concerns in the stadium corporation will receive, and any changes in ownership composition of the corporation since inception c) all briefing notes sent to the responsible Minister(s), or Cabinet, on the subjects of stadium financing, corporate structure, construction, activities or other matters d) all arrangements with those originally owning the land e) all agreements, bylaws on how the stadium and corporation is or will run f) projected figures, studies of stadium use, and of stadium traffic patterns-flows g) your file/record inventory list, and the 1985 to 1987 meeting minutes of the stadium board h) any major planning changes to the stadium since planning begun, these costs; and general expenditures to date and those projected for the stadium i) all documents on areas of expected revenues, expected expenses once the stadium is in operation - for a ten year period or as long as such projections are made. The institution advised the appellant that it would process his request once Bill 34 had been implemented. Subsequent to informing the appellant that it needed to extend the time limit to respond to his request to March 31, 1988, the institution sent him a copy of its 1986 financial statements and some general information on the SkyDome complex. By letter dated April 29, 1988, the appellant advised the institution that he would be in Toronto during the week of May 16, 1988, and wanted to view the records he had requested. The appellant subsequently attended at the premises of the institution and was given the opportunity to view the records. He identified the parts of the records he was interested in by affixing yellow "post-it" notes to them. He requested that these pages be photocopied and sent to him. After receiving 186 pages of records, the appellant, by letter dated June 9, 1988, notified this office that more records remained outstanding. On the basis of that letter, this office opened an appeal file. By letters dated June 25, 1988, the appellant advised the institution and this office of certain records which had been requested and were still outstanding from the original request. The records were as follows: 1) 1985-1988 Board Meeting Minutes 2) April 23/87 Briefing Binder - various segments of 6 sections 3) Four Sets of Binders of Agreement - various matters 4) 10 Year Operating Forecast Sheets 5) Multi-Year Capital Plan Sheets While mediation efforts resulted in much information being released to the appellant, total settlement was not effected and, accordingly, the matter proceeded to inquiry. On April 24, 1990, Commissioner Linden issued Interim Order 162 and ordered the institution to take the following action: 1. the institution shall disclose to the appellant the records or parts of records listed in Appendix "A" as "Additional Records which the Institution Stated can now be Released: and the following records or parts of records listed in Appendix "B": #4, 5, 6, 18, 19, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 50, 56, 57, 58, 59, 60, 61 and 62; 2. the institution shall disclose these records to the appellant within ten (10) days of the payment of the fees by the appellant and notify my office as to the date of such disclosure within five (5) days of the date on which disclosure is made; 3. the institution shall notify the third parties to whom the records or parts of records for which section 17 was claimed as an exemption relate and which are not publicly available, being the following records or parts of records listed in Appendix "B": #3, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 46, 47, 48, 49, 51, 52, 53, 54 and 55; 4. the institution shall notify the third parties to whom the records or parts of records listed in paragraph #3 above relate, providing them with copies of the records in question. The institution is to notify these parties within twenty (20) days of the date of this Interim Order and copies of the notices are to be sent to my office within five (5) days of the date on which they are provided to the third parties. The third parties will be contacted directly to elicit representations from them as to the application of section 17 of the Act ; and 5. the institution shall provide my office with representations as to the exercise of discretion under subsections 13(1) and 18(1) and section 19 in respect of the following records or parts thereof listed in Appendix "B": #1, 2, 14, 21, 33, 34 and 35, within twenty (20) days of the date of this Interim Order. In addition, at page 25 of the Interim Order, Commissioner Linden indicated that he would defer the final determination of the application of section 23 of the Freedom of Information and Protection of Privacy Act (the " Act ") until the head had made representations regarding the exercise of his discretion in the application of sections 13 and 18. Interim Order 162 is currently the subject of a judicial review a
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