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Document
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MO-1246
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File #
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MA-990059-1
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Institution/HIC
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City of Toronto
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Summary
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A requester submitted two requests to the City of Toronto (the City) under the Municipal Freedom of Information and Protection of Privacy Act (the Act ). The first request was for all records generated by, or in the possession of, the City and its predecessor, the former Municipality of Metropolitan Toronto, including all relevant committees and sub-committees, relating to the drafting, adoption and/or implementation of (i) By-Law No. 168-97, adopted December 18, 1997, and (ii) By-Law No. 449-1998, adopted July 10, 1998. The second request was for similarly described records generated by, or in the possession of, the Toronto Licensing Commission and its predecessor, the Metropolitan Licensing Commission. The requester explained that the by-laws referred to amend By-Law No. 20-85 to enact certain measures regarding collision reporting centres and vehicle repair facilities. The requester further stated: To facilitate the gathering of these records, we understand that, at minimum, the following committee/sub-committees of City Council and Metro Council have been involved in the formulation and adoption of the above By-Laws: the Human Services Committee of Metro Toronto Council; Metro Toronto Council's Special Purpose Committee on Towing Rates; the Metro Towing Task Force; and City Council's Emergency and Protective Services Committee. To the extent that there may be any question in this regard, we would also ask that you include within the foregoing requests all relevant records that may have been generated by, or are in the possession of, the City Solicitor, including his predecessor, the Metropolitan Solicitor. In its reply to the request, the City stated the Toronto Licensing Commission is designated as a separate institution under the Act and, therefore, the City was forwarding the portion of the request related to the Commission to that institution pursuant to section 18 of the Act . The City explained that the remaining portion of the request would involve a search of records maintained by two City departments, "City Legal" and "City Clerk", and that each department would review their records independently and provide the requester with a separate response. The City issued a decision regarding the "City Legal" records, which was appealed by the requester, and ultimately resolved through the issuance of Order MO-1205. The City identified records responsive to the "City Clerk" portion of the request, and issued a separate decision letter to the requester. The City granted partial access to some records, and denied access to others, claiming the following exemptions: section 6(1)(b) - in-camera meeting section 14(1) - personal information section 10(1)(a) - third party information The requester (now the appellant) appealed the City's decision. During mediation, the scope of the appeal was narrowed to one record, an 80-page report prepared by the Greater Toronto Trucking Association (the GTTA) entitled "Summation of the Towing Industry". The appellant agreed that he does not require access to any personal information contained in this record. The only remaining exemption claim relied on by the City to deny access to this record is section 10(1)(a). I sent a Notice of Inquiry to the appellant, the City and the GTTA as an affected party. Only the City provided representations. Pages 2, 9, 22 and 63 were missing from the copy of the record provided to this Office. The City confirmed that the page numbering of this record was done by the GTTA at the time the record was submitted to the City, and that the copy of the record provided to this Office is identical to the record included in the official record holdings to the City.
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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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Oct 22, 1999
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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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