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Document
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MO-1333
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Institution/HIC
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Lambton Kent District School Board
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Summary
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NATURE OF THE APPEAL: This is an appeal under the Municipal Freedom of Information and Protection Privacy Act (the Act ), from a decision of the Lambton Kent District School Board (the Board). The appellant is a teacher formerly included on the Occasional Teachers' List (the List) of the Lambton Kent District School Board (the Board). In 1999, he was convicted of certain offences under the Criminal Code . He was informed by the Board by letter of November 29, 1999 that a motion removing him from the List had been approved by the Board at its meeting of November 23. He was also informed that in the same motion, the Board decided to report the appellant to the Ontario College of Teachers on the basis of his Criminal Code conviction. The appellant made a request to the Board for disclosure of the full minutes of the Board meeting held on November 23, 1999. During the processing of this request, it was determined that the appellant's situation had been the subject of discussion at a meeting of the Board on November 9, 1999; the records pertaining to this meeting are also being sought by the appellant. In its decision, the Board denied access to the records at issue, relying on section 6(1)(b) (in-camera deliberations) of the Act . A Notice of Inquiry was sent to the Board, in response to which it has submitted representations. Among other things, the representations refer to section 52(3)3 (labour relations matters) of the Act , in addition to section 6(1)(b). The Board submits in its representations that the records are excluded from the application of the Act under section 52(3)3. The appellant was subsequently sent a Notice of Inquiry which, among other things, incorporated the issues raised by the Board, and was also sent a copy of the Board's representations in their entirety. The appellant has chosen not to submit any representations. THE RECORDS: As background, there are at least three types of Board meetings for which minutes are produced. The first are referred to as meetings of the Committee-of-the-Whole. The second are referred to as meetings of the Board Private Session. Lastly, there are Board Meetings held in Public Session. The records at issue are contained on four pages, numbered as Record 11 [page 2 of 5], Record 11 [page 3 of 5], Record 11 [page 4 of 5] and Record 11 [page 5 of 5]. Although, at the start of this inquiry, Record 11 [page 1 of 5] was also at issue, the Board has disclosed the contents of that document to the appellant and thus it no longer forms part of this appeal. Record 11 [pages 2 and 3 of 5] consists of a portion of the minutes of a Committee-of-the-Whole meeting held on November 9, 1999. Included in those minutes are references to a Report to the Board relating to the appellant, the text of a related motion, a summary of discussion on the motion, and the outcome of the motion. Record 11 [pages 4 and 5 of 5] consists of the aforementioned Report which was presented to the Committee-of-the Whole. The Report reviews the circumstances relating to the appellant, provides an assessment and makes recommendations. It should be noted that there are also minutes titled "Regular Board Meeting, Public Session", dated November 23, 1999, which have been provided to the appellant. Although these minutes do not contain a specific reference to the appellant's situation, they indicate that the Board approved a motion by which it adopted the actions of the Committee-of-the-Whole, Private Session. To summarize, the records which remain at issue are the minutes of the Committee-of-the-Whole meeting of November 9, 1999, during which the appellant's circumstances were discussed and a motion approved, and the report presented to the Committee-of-the-Whole at that meeting. CONCLUSION: I find that the records are excluded from the Act by application of section 52(3)3. Because of this finding, it is unnecessary for me to consider the application of section 6(1)(b). DISCUSSION: Section 52(3) of the Act provides: Subject to subsection (4), this Act does not apply to records collected, prepared, maintained or used by or on behalf of an institution in relation to any of the following: 1. Proceedings or anticipated proceedings before a court, tribunal or other entity relating to labour relations or to the employment of a person by the institution. 2. Negotiations or anticipated negotiations relating to labour relations or to the employment of a person by the institution between the institution and a person, bargaining agent or party to a proceeding or an anticipated proceeding. 3. Meetings, consultations, discussions or communications about labour relations or employment-related matters in which the institution has an interest. It is important to note that section 52(3) is record-specific and fact-specific. If this section applies to a specific record, and none of the exceptions listed in section 52(4) apply, section 52(3) has the effect of excluding that record from the scope of the Act : see, for instance, Orders P-1564 and PO-1772, discussing the provincial equivalent to section 52(3). It was not submitted that section 52(4) is relevant, and I am satisfied that it has no application here. The Board has relied on section 52(2)3, and has submitted, among other things, that the records relate to a meeting during which there was deliberation about the appellant's continued employment with the Board. It states: The members of the Committee of the Whole discussed the prospect of the Board terminating the appellant's employment and considered potential litigation issues arising out of such a decision. The Committee also considered the Board's obligations to report the appellant's criminal conviction to the College of Teachers. Ultimately, the Committee prepared a recommendation to the Board on these issues. This was clearly a labour relations matter in which
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Legislation
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Subject Index
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Published
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Sep 01, 2000
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Type
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Order
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