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Document
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MO-1752
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/ifq?>
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File #
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MA-030091-2
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Institution/HIC
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Regional Municipality of Peel
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Summary
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The Regional Municipality of Peel (Peel) received a request under the Municipal Freedom of Information and Protection of Privacy Act ( the Act) for the following information: Records within the Peel Health Department, of illness or possible illness from possible contaminated municipal drinking water for a period of time between January 1, 2002 and December 31, 2002 and the approximate location of the possible incidents of possible illness. We also require a diagram or map of the extent of distribution of the municipal water from the East Brampton Reservoir. Records that disclose the financial details for the particular repair work in question, including consultants, inspections, water testing and analysis and cost for the work undertaken, this is in addition to the information sought under the other request. The soil chemical analysis reports performed on the existing earth covering the reservoir, the latest version available before the contamination was discovered. If none were done after the contamination was discovered please advice of this fact and any records dealing with doing, or not doing one, after discovering the contamination. Reports or records which disclose or identify the chemicals used on the grass over the earth above the reservoir such as pesticides or weed control or similar possible contaminates, both those in hand before the contamination was discovered and any obtained afterwards. Please include any correspondence or records gaining or attempting to gain this information. Water quality tests performed to identify contaminates in the reservoir's water other than pathogens (namely heavy metals and chemical compounds), this should be for the period following the discovery that surface water runoff contaminated the already treated water in the reservoir. Peel did not respond within the required 30 day time period, and the requester appealed the "deemed refusal". Appeal MA-030091-1 was opened and Order MO-1631 was issued ordering Peel to issue a decision letter regarding the request. Peel issued a decision in compliance with the order, denying knowledge of any contamination of drinking water and stating that there were no records responsive to items 1, 3, 4 and 5 of the request. The requester did not appeal this decision. Peel identified 12 pages of records responsive to item 2 and issued a separate decision letter. Peel provided the requester with access to 11 pages and denied access to the 12 th page, which is page 3 of a 4-page document. Peel relied on the following exemption in the Act as the basis for denying access to this one remaining page: section 7 - advice and recommendations section 10 - third party commercial information section 11 - economic interests of the municipality The requester (now the appellant) appealed this second decision. During mediation, Peel withdrew the section 11 exemption claim. Further mediation was not successful, and the appeal was transferred to the adjudication stage. I initiated my inquiry by sending a Notice of Inquiry to Peel and the author of the withheld page, as a representative of an organization that may have interest in disclosure (the affected party). Peel responded with representations but the affected party did not. I have decided it is not necessary for me to seek representations from the appellant before proceeding to deal with the various issues in this appeal.
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Legislation
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Subject Index
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Signed by
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Tom Mitchinson
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Published
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Feb 11, 2004
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Type
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Order
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2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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