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Document
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MO-1347
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Institution/HIC
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Niagara Regional Police Services Board
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Summary
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NATURE OF THE APPEAL: The Niagara Regional Police Services Board (the Police) received a request pursuant to the Municipal Freedom of Information and Protection of Privacy Act (the Act ) from a member of the media for "all records that would tell me the results of all the Police Act hearings involving members of your service in the past five years". The requester made an identical request to the Halton Regional Police Services Board and the Hamilton-Wentworth Police Services Board. The Police identified a number of hearings conducted under the Police Services Act (the PSA ) and its predecessor, the Police Act , as being responsive to the request, and denied access to all relevant records on the basis that they fell outside the scope of the Act by virtue of section 52(3). The requester (now the appellant) appealed the Police's decision, maintaining that the hearings themselves are open to the public and that the information relating to those hearings should also be available to the public. The appellant also raised the possible application of the public interest override in section 16 of the Act . During mediation, the Police issued a revised decision to the appellant, claiming that only records relating to one disciplinary hearing fell within the scope of section 52(3), and that all other responsive records qualified for exemption under section 14(1) (personal privacy) of the Act . The Police raised the factors in sections 14(2)(e), (f) and (i) in support of this exemption claim. Also during mediation, the Police agreed to prepare a chart listing the name and rank of the officer charged, the charges, and the disposition or sentence. The information on this chart is gathered from various records produced during the course of disciplinary hearings. The appellant agrees that the information contained on the chart constitutes all information responsive to her request. Because mediation was not successful, the appeal moved to the inquiry stage. I sent a Notice of Inquiry initially to the Police and twenty individuals whose interests may be affected by the outcome of the appeal (the affected persons). I received representations from the Police and four affected persons. I also received representations from the Niagara Region Police Association. I then sent the Notice to the appellant, along with a copy of the Police's representations. The appellant advised this Office that she would not be providing any representations. RECORDS: The sole record at issue in this appeal is a chart prepared by the Police which sets out the name and rank of officers charged under the PSA for the time period covered by the appellant's request, together with the charges and the disposition or sentence imposed on the officers. DISCUSSION: JURISDICTION The Police claim that sections 52(3)1 and 3 apply to one entry on the chart, removing this portion of the record from the jurisdiction of the Act . Because section 52(3) is a jurisdiction-limiting provision, my discussion of the application of section 52(3) will include all entries on the chart regardless of the position of the Police that some entries fall within the Act 's jurisdiction. The representations provided by the Police concerning the application of section 52(3) consist of the following: The single entry in the ledger for which I have claimed this exemption, concerns a Police Service Act hearing which is pending. It is apparent, I believe, that the information in the ledger was collected solely for the purpose of the hearing. Previous orders have established that a disciplinary hearing is properly characterized as a "proceeding" for the purposes of Section 52(3)1, and that the Chief of Police or his/her delegate constitutes an "other entity". It has been further established that internal complaints relate to the employment of a person by the institution and that the penalties imposed are employment-related actions. That this matter is pending is proof, I believe, that the Niagara Regional Police Service has a legal interest in this matter. I refer you to Orders M-835, M-840 and M-931. Sections 52(3) and 52(4) of the Act read as follows: (3) 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. (4) This Act applies to the following records: 1. An agreement between an institution and a trade union. 2. An agreement between an institution and one or more employees which ends a proceeding before a court, tribunal or other entity relating to labour relations or to employment-related matters. 3. An agreement between an institution and one or more employees resulting from negotiations about employment-related matters between the institution and the employee or employees. 4. An expense account submitted by an employee of an institution to that institution for the purpose of seeking reimbursement for expenses incurred by the employee in his or her employment. Section 52(3) is record-specific and fact-specific. If this section applies to a specific record in the circumstances of a particular appeal, and none of the exceptions listed in section 52(4) is present, then the record is excluded from the scope of the Act . Section 52(3)3 To qualify under se
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Legislation
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Subject Index
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Published
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Oct 12, 2000
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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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