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Document
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P-201
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File #
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Appeals 890020 and 890061
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Institution/HIC
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Workers' Compensation Board
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Summary
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O R D E R INTRODUCTION: On January 9, 1989, the requester wrote to the Workers' Compensation Board (the "institution") seeking access to: ...the reviews of W.C.A.T. Decisions prepared by the Workers' Compensation Board. On January 18, 1989, the institution's Freedom of Information and Privacy Co-ordinator (the "Co-ordinator") wrote to the requester advising him that: Unfortunately, I cannot consider your request complete as it is too general and requires further clarification. For your information, the WRAC reports date back to October of 1986, the last one reviewing WCAT decisions rendered in the month of June, 1988. I am enclosing a copy of the WRAC report for the month of December, 1987 as an example of what I am prepared to release from the monthly reports. As you will notice, parts of the report have been severed and are being withheld. More specifically, I am providing you with the factual and statistical parts of the report and I am withholding the part which would reveal the advice or recommendation of a public servant, any other person employed in the service of an institution or a consultant retained by an institution, as permitted by Section 13(1) of the Freedom of Information and Protection of Privacy Act . Furthermore, it has been decided that there is no compelling public interest which should override the application of the Section 13 exemption. ... Should you wish to receive all the WRAC reports so severed, there would be a fee. The fee estimate per monthly report would be $6.00 for 15 minutes of severing, $.20 a page for photocopying and $1.65 shipping costs. For the enclosed report, the total cost would be $12.25. Other monthly reports may be more depending on their size. It is your decision as to whether you wish to have copies of the statistical and factual parts with the advice and recommendation information severed of all WRAC reports from October, 1986 to June, 1988 for a fee or whether you wish to appeal the severance of the enclosed report immediately. On February 7, 1989, the requester appealed the institution's decision to sever the December 1987 WRAC report. Subsection 50(1) of the Act gives a person who has made a request for access to a record under subsection 24(1) or a request for access to personal information under subsection 48(1) a right to appeal any decision of a head of an institution to the Commissioner. On January 5, 1990, the undersigned was appointed Assistant Commissioner and received a delegation of the power to conduct inquiries and make Orders under the Act . In his letter of appeal, the appellant stated: ...The Workers' Compensation Board refuses to provide the full text of the WRAC Reports. Pursuant to Section 13(2)(k) and Section 13(2)(l) the public should have information from the Workers' Compensation Board as to how and for what reasons they disposed of Workers' Compensation Appeals Tribunal decisions brought before them. On February 13, 1989, notice of this appeal (Appeal Number 890020) was given to the institution and the appellant. On January 25, 1989, the same requester wrote to the institution seeking access to the WCAT Review Advisory Committee Reports for the months of July and August 1988 as referred to in Volume 3, No. 1 of the Communique. The Communique is a publication of the Workers' Compensation Board which provides highlights of the monthly Board of Directors meetings. By letter dated February 13, 1989, the Co-ordinator wrote to the requester advising him that: I am enclosing a copy of the "WRAC" Reports for the months of July and August 1988. As you will notice parts of the report have been severed and are being withheld. More specifically, I am providing you with the factual and statistical parts of the report and I am withholding the part which would reveal the advice or recommendations of a public servant, any other person employed in the service of an institution or a consultant retained by an institution, as permitted by Section 13(1) of the Freedom of Information and Protection of Privacy Act . Furthermore, it has been decided that there is no compelling public interest which should override the application of the Section 13 exemption (S.23). ... The fee for the WRAC Reports is $16.85. This has been calculated as follows: $6.00 for 15 minutes of severing, $9.20 for copying (46 pages at $0.20) plus $1.65 for shipping charges. On March 9, 1989, the requester appealed the institution's decision stating: I wish the WRAC reports of July and August provided to me uncensored. On March 21, 1989, notice of this appeal (Appeal Number 890061) was given to the institution and the appellant. The records containing the severed information at issue in each appeal were obtained and examined by the Appeals Officer assigned to the cases and efforts were made by the Appeals Officer to mediate a settlement of each appeal. There are five records at issue which when combined total 69 pages. For a detailed description of these records, please refer to Appendix A. The records contain the following: (a) memoranda from the Chairman of the institution to its Board of Directors; (b) memoranda from the Chairperson of the WCAT Review Advisory Committee (the "WRAC Committee") to the institution's Executive Committee (the "board of directors") containing an executive summary of the monthly WRAC Committee Report (the "WRAC Report"); and (c) memoranda from the Chairperson of the WRAC Committee to the institution's board of directors containing the full monthly WRAC Report. As settlement of the appeals could not be effected, notice that an inquiry was being conducted to review the decision of the head, in each of the above-noted appeals, was sent to the appellant and the institution. Enclosed with each notice letter were reports prepared by the Appeals Officer intended to assist the parties in making their representations concerning the subject matter of the appeals. The Appeals Officer's Reports outline the facts of the appeals and set out questions which paraphrase those sections of the Act which appear to the Appeals Officer, or any of the parties, to be relevant to the appeals. These reports indicate that the parties, in making their representations, need not limit themselves to the questions set out in th
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Legislation
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FIPPA
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10(2)
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13(2)
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13(2)(l)
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13(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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Oct 16, 1990
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Type
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Order
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Information and Privacy Commissioner of Ontario. All Rights Reserved.
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