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MO-1915

Document		MO-1915


File #		MA-040155-1


Institution/HIC		Peel District School Board


Summary		This is an appeal from a decision of the Peel District School Board (the Board), made under the Municipal Freedom of Information and Protection of Privacy Act (the Act ). The requester (now the appellant) sought access to the vending contract between the Board and a dairy company (the affected party). The Board notified the affected party of the request, inviting it to make representations on why the record or any part of it should not be disclosed. Following receipt of these representations, in which the affected party objected to release of portions of the contract, the Board issued a decision to the appellant granting access to the contract with certain portions severed. In severing the contract, the Board cited the mandatory exemption from disclosure in section 10(1) of the Act (third party information), as well as the discretionary exemption in section 11 (economic interests of an institution). The appellant appealed the Board’s decision. As mediation of this appeal did not resolve the issues, it has been referred to me for adjudication. A Notice of Inquiry which summarizes the facts and issue in the appeal was sent to the Board and the affected party. Both parties provided representations in response. I then sent a notice to the appellant along with a complete copy of the Board and affected party’s representations. The appellant also provided representations. The appellant’s representations were then shared with the Board and the affected party. Both the Board and the affected party provided representations in reply. These representations were then shared with the appellant, who also provided representations in response to the reply representations.


Legislation		MFIPPA 11(c) 11(d) 10(1)


Subject Index		contractual negotiations


Signed by		Stephanie Haly


Published		Apr 06, 2005


Type		Order


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