Document

M-130

File #  M-9200433
Institution/HIC  The Corporation of the City of Nepean
Summary  The Carleton Board of Education (the Board) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to a report entitled, "Analysis of Radio Transmission Towers in Barrhaven-Longfields Area". The Board stated that, based on a legal opinion, the trustees decided that the report would be given to the City of Nepean which would then become the "appropriate authority to release the report to the public." Subsequently, the Corporation of the City of Nepean (the City) received a request for the same report. The City located the record responsive to the request and denied the requester access to the record pursuant to sections 11(c), (d), and (e) of the Act . The requester appealed the decision. Mediation was not successful, and notice that an inquiry was being conducted to review the City's decision was sent to the appellant, the City, and the author of the record. Because the record at issue was authored by a third party, the Appeals Officer raised the mandatory exemption provided by section 10 of the Act as an issue in the Notice of Inquiry. Representations were received from counsel for the City and the author of the record.
Legislation
  • MFIPPA
  • 11(c)
  • 11(d)
  • 11(e)
  • 10(1)
Subject Index
Signed by  Holly Big Canoe
Published  May 13, 1993
Type  Order
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