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Document
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M-920
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File #
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M-9600338
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Institution/HIC
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City of Toronto
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Summary
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The City of Toronto (the City) received a request under the MunicipalFreedom of Information and Protection of Privacy Act (the Act ) foraccess to a copy of a contract entered into between the City and a named company(the company) in or about December, 1995. The City notified the companypursuant to section 21 of the Act and requested representations withrespect to the release of the record. The company objected to the release of the record, indicating thatdisclosure would prejudice its competitive interests. The City denied access tothe record based on the exemptions in sections 10(1)(a), (b) and (c) of the Act (third party information). The requester appealed the decision to deny access. Subsequent to the filing of the appeal but prior to the 35-day deadline forraising additional discretionary exemptions, the City issued a second decisionletter dated November 29, 1995 to the appellant, indicating that it was alsorelying on sections 11(a), (c), (d), (e) and (g) to withhold access to therecord. On December 13, 1996, the City issued a third decision letter, this timeclaiming that section 6(1)(b) of the Act applied to the record. The record at issue consists of an 18-page agreement between the City andthe company, with nine schedules forming part of the contract. This office provided a Notice of Inquiry to the appellant, the City and thecompany. As the decision letter of December 13, 1996 falls outside of the35-day limit granted to institutions to raise additional discretionaryexemptions, the institution was asked to provide submissions on the reasons whyit is claiming the exemption at this late date and the reasons why thediscretionary exemption in section 6(1)(b) should apply, should I decide toconsider this exemption. Representations were received from all parties. However, given my findings in this order and the manner in which I have disposedof the issues, I do not need to address the application of section 6(1)(b) tothe records.
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Legislation
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Subject Index
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Signed by
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Mumtaz Jiwan
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Published
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Apr 04, 1997
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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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