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Document
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M-911
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File #
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M-9600366
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Institution/HIC
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Township of Georgian Bay
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Summary
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The Township of Georgian Bay (the Township) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act )for access to a copy of the appellant's building permit application and plansfor a cottage on an identified lot. Pursuant to section 21 of the Act , the Township notified theappellant of the request. The appellant objected to the release of the records,claiming that they were exempt from disclosure pursuant to section 10(1) of the Act (third party information). The appellant also stated that he hadcontacted the designer of the plans who advised that he also objected todisclosure of the copyright plans without compensation. Finally the appellantreiterated that the plans were provided to the Township "under copyright". The Township then issued a decision granting access to the building permitapplication. The Township made the following decision with respect to theplans: It has been determined that it would not be reasonable or practical for usto reproduce a copy of the plans you have requested by nature of their size andlength. In addition, the plans requested are protected by Copyright Laws andcertain restrictions apply to their release. Alternatively, you may arrange atime to attend the office to examine these documents. At that time if you wisha portion of the plans reproduced and it is determined that it is practical forus to reproduce that portion, you will be provided with the same. The appellant appealed this decision claiming that the records qualified forexemption pursuant to section 10(1) of the Act . A Notice of Inquiry was provided to the Township, the appellant, theoriginal requester and the company that designed the plans (the designer). Inaddition, as it appeared that the building permit application may contain thepersonal information of the appellant, the Appeals Officer also raised thepossible application of section 14 of the Act . Representations werereceived from the Township, the appellant and the designer.
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Legislation
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MFIPPA
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14(1)(f)
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14(2)(e)
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14(2)(h)
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10(1)
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Subject Index
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Signed by
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Anita Fineberg
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Published
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Mar 19, 1997
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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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