Document

M-37

File #  M-910199
Institution/HIC  North Bay Hydro
Summary  North Bay Hydro (the institution) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to all information relating to the classification of the requester's position under the institution's proposed pay equity plan. In particular, the requester was seeking the points given for each category in his position. The institution denied access to the record pursuant to sections 10 and 11 of the Act. The institution later clarified that it was relying on section 10(1)(a) and sections 11(d), (e), (f) and (g). The requester appealed the institution's decision. The record was obtained and examined by the Appeals Officer. The record consists of a single page matrix chart entitled "Point Values", which contains a breakdown of the total points allotted for the meter technician position, and a Job Evaluation System Manual. The chart and the manual were prepared by a consulting firm (the affected party), at the request of the institution. The manual is 43 pages in length and includes guidelines for the systematic analysis and evaluation of job content. During the course of the appeal, the institution completed negotiations with the union representing its employees. By agreement with the union, internal equity was adopted in place of pay equity. The institution agreed that the appellant's original request would cover the internal equity plan. Subsequently, the institution claimed an additional exemption under section 11(c) and, in light of the fact that the negotiations were completed, abandoned its claim for exemption under sections 11(f) and (g). As settlement of the appeal could not be effected, notice that an inquiry was being conducted to review the decision of the head was sent to the institution, the appellant and the affected party. The Notice of Inquiry was accompanied by a report prepared by the Appeals Officer, intended to assist the parties in making representations concerning the subject matter of the appeal. Representations were received from the institution, the appellant and the affected party. 
Legislation
  • MFIPPA
  • 10(1)(a)
  • 11(c)
  • 11(d)
  • 11(e)
  • Section 11
  • 10(1)
Subject Index
Signed by  Tom Wright
Published  Sep 14, 1992
Type  Order
<< Back
Back to Top
25 Years of Access and Privacy
To search for a specific word or phrase, use quotation marks around each search term. (Example: "smart meter")