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Document
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M-1084
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File #
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M-9700217
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Institution/HIC
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City of Burlington
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Summary
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The City of Burlington (the City) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ). The request was for information relating to the proposed re-designation, re-zoning and plan of sub-division of a specific property, the new City official plan for the property, any proposed re-designation of lands in the vicinity of the property to residential uses, the development of the non-residential land conversion policy and the potential relocation of CN's Stewart Street Yard operations to Aldershot. The City granted partial access to the records it identified as responsive to the request, claiming the exemptions found in the following sections of the Act to deny access to the remainder: advice or recommendations - section 7(1); economic and other interests - sections 11(c)(d) and (e); proposed plans of an institution - section 11(g); and solicitor-client privilege - section 12. The requester (now the appellant) appealed the City's decision. In his letter of appeal, the appellant narrowed the records at issue to the documents identified as Records 1(b), 3(b) and 5 in the City's Index of Records which was attached to the access decision. The City then granted access to additional records and provided the appellant with a more detailed index describing the documents contained in each record remaining at issue. After reviewing the detailed index, the appellant further narrowed the documents at issue. This office provided a Notice of Inquiry to the appellant and the City. In this Notice, the Appeals Officer identified information at issue which may also fall under the mandatory exemptions found in sections 10 (third party information) and 14 (invasion of privacy) of the Act . The potential section 10 information includes such things as invoices, costs, reports and proposals submitted by third parties; the potential section 14 information includes individuals' work histories, personal histories and the identity of an individual who submitted a request under the federal access legislation. Because the records may contain third party information, this office sent a Notice of Inquiry to a number of affected parties. Representations were received from six affected parties. In his representations, one affected party did not object to the disclosure of information he had provided but did not want his name and address released. The other affected parties all objected to the disclosure of information pertaining to themselves personally and/or to their companies.
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Legislation
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MFIPPA
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11(c)
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11(d)
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11(e)
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11(g)
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14(3)(b)
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14(3)(d)
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7(1)
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Section 12
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10(1)
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Subject Index
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Signed by
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Laurel Cropley
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Published
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Mar 10, 1998
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Type
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Order
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© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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