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M-420

Document		M-420


File #		M-9300348


Institution/HIC		The Corporation of the City of York


Summary		This is an appeal under the Municipal Freedom of Information and Protection of Privacy Act (the Act ). The Corporation of the City of York (the City) received a request for access to all complaints in respect of non-compliance with its by-laws or ordinances by owners or occupiers of a specified building complex, together with any records of the investigation of such complaints and any remedial steps taken. Partial access to the records was granted to the appellant. In its decision letter, the City cited section 8(1) of the Act to deny access to the remaining records. The City provided three indices listing the records relating to the request. In these indices the City identified 31 records it considered responsive to the request and a further 24 that it did not consider responsive. In three supplemental indices provided during the course of mediation, the City particularized its exemption claim under section 8(1) of the Act by specifying that it is relying on the following exemptions to deny access to the records: law enforcement - sections 8(1)(a), (b) and (d) The City also raised sections 7(1) (advice to government), 8(2)(a) (law enforcement report) and 10(1)(a) (third party information) of the Act as additional exemptions in relation to certain records. The records and the specific exemptions claimed by the City to deny access are described in Appendix "A" to this order. The appellant indicates that he is not seeking access to the personal information of other individuals. Portions of a number of records at issue in this appeal contain the personal information of other individuals. Those portions of the records are not at issue in this appeal and will be ordered not to be disclosed to the appellant. A Notice of Inquiry was provided to the City and the appellant. Notice was also provided to both the original owner and the current owner of the named building complex (the affected persons). Representations were received from the City only.


Legislation		MFIPPA 10(1)(a) 8(1)(a) 8(1)(b) 8(1)(d)


Subject Index		by-law enforcement confidential source late raising Raise or Consider Further Exemption record by record approach


Signed by		Holly Big Canoe


Published		Nov 09, 1994


Type		Order


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