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Document
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M-159
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File #
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M-9200214
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Institution/HIC
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Ottawa-Carleton Regional Transit Commission
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Summary
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The Ottawa-Carleton Regional Transit Commission (OC Transpo) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to all the requester's personal information for the period January 1, 1989 to February 20, 1991, including any records from his grievance and medical files. Initially, OC Transpo did not make a decision concerning the request since it was of the view that the Act did not apply to it. The requester appealed the position taken by OC Transpo. In Interim Order M-13, I concluded that OC Transpo was covered by the Act and ordered it to make a decision under the Act respecting the request. Following Interim Order M-13, OC Transpo issued a decision and granted partial access to the records by providing copies of the requester's medical records from January 1, 1989 to February 20, 1991. OC Transpo denied access to records from the requester's personnel and grievance files on the basis that these records are outside the jurisdiction of the Act . The appellant appealed the decision because he did not believe that he had received all of the medical records in his file, and because he believes that the personnel and grievance records fall within the jurisdiction of the Act . The appellant subsequently examined his original medical records at OC Transpo and withdrew his claim that more medical records exist. As a result of mediation, OC Transpo granted access to those records in the appellant's personnel file that do not relate to his grievances by providing him with copies of his records pertaining to pay and benefits. Further mediation was not successful and notice that an inquiry was being conducted to review the decision was sent to the appellant and OC Transpo. Written representations were received from both parties. This is a final decision dealing with access to the records in issue in this appeal, formerly M-910121. The records at issue relate to the appellant's grievances, including personnel records and any notes and minutes made by staff. OC Transpo provided an affidavit, accompanied by an index describing the records in question.
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Legislation
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Subject Index
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Signed by
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Tom Wright
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Published
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Jul 06, 1993
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Type
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Order – Interim
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© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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