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On March 28, 1994, the undersigned was appointed Inquiry Officer and received a delegation of the power and duty to conduct inquiries and make orders under the provincial Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.
BACKGROUND:
The Workers' Compensation Board (the Board) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to all information relating to a named Board solicitor's involvement, as the Board's solicitor, in the re-employment hearings of the requester.
The Board located 154 pages of records responsive to the request and denied access in full pursuant to section 19 of the Act. The requester appealed the denial of access.
Mediation was not successful and notice that an inquiry was being conducted to review the Board's decision was sent to the appellant and the Board. Representations were received from both parties.
The Board administers the Workers' Compensation Act in an adjudicative capacity. The records requested relate directly to the appellant's application made to the Board around March, 1993 under section 54 of the Workers' Compensation Act for a determination on whether the Board, as the appellant's former employer, had breached its re-employment obligations.
I have categorized the records into the following groups:
Category A: internal Board memoranda (one in draft form) either to or from the named solicitor;
Category B: handwritten notes and typewritten notes of the named solicitor, and other internal documents and draft questions prepared for the appellant's re-employment hearing.
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