Document

M-232

File #  M-9300093
Institution/HIC  Toronto Hydro
Summary  A request was made to Toronto Hydro (Hydro) under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to documents relating to Employment Vacancy C787. Hydro gave the requester access to records containing his personal information and containing general information pertaining to the job competition, but denied access to other records on the basis of the exemptions in sections 14(2)(d), (e), (f) and (h), and 14(3)(d) and (g) of the Act . The requester appealed Hydro's decision. During mediation Hydro provided the requester with access to some additional records. Hydro also raised the application of section 38(c) of the Act . In addition, the parties disagreed as to the scope of the request. Further mediation was not successful, and notice that an inquiry was being conducted to review Hydro's decision was sent to the appellant and Hydro. Representations were received from both parties. While these representations were being considered, Commissioner Tom Wright issued Order M-170, which interpreted several statutory provisions of the Act in a way which differed from the interpretation developed in previous orders. Since a new approach to the operation of the Act was being adopted and because the same statutory provisions are at issue in the present appeal, it was determined that copies of Order M-170 should be provided to the parties. The parties were then afforded the opportunity to state whether the contents of Order M-170 would cause them to change or supplement the representations which they had previously made. Additional representations were received from Hydro only. Hydro did not address the application of section 38(c) of the Act in either of its representations. As this is a discretionary exemption, I will not consider it in this order.
Legislation
  • MFIPPA
  • 10(2)
  • 14(1)(f)
  • 14(3)(d)
  • 14(3)(g)
  • 2(1) personal information
Subject Index
Signed by  Anita Fineberg
Published  Dec 03, 1993
Type  Order
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