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Document
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M-278
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File #
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M-9300272
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Institution/HIC
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City of Ottawa
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Summary
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The City of Ottawa (the City) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) "... for the value of severance benefits, including cash payout and benefits, and specifics of the itemized payout, ..." provided to a senior official who had recently left the City's employ (the affected person). The City's response indicated that it was denying access to the requested information based on the exemptions in sections 12 and 14 of the Act . The City did, however, provide the requester with copies of the salary ranges and the employment benefits package of its executive group. I have reviewed these documents and in my view they do not contain the requested information. The requester appealed the City's decision to deny access to the information he requested. While the City's decision letter did not specify which record or records contain the requested information, it became clear at the outset of the mediation stage of this appeal that the responsive record identified by the City consists of a Memorandum of Agreement between the City and the employee. The Memorandum includes a Final Release and Indemnity signed by the affected person. Mediation of the appeal was not successful, and notice that an inquiry was being conducted to review the City's decision was sent to the City, the appellant, and the affected person. Representations were received from the City only. In its representations, the City states that it is not pursuing the exemption contained in section 12 of the Act . As this is a discretionary exemption, I will not consider it in this order. The City's representations also indicate that, after reviewing Orders M-173 and M-204 (both of which ordered substantial disclosure of records similar to the one at issue here), the City is now prepared to disclose certain portions of the record. Section 14 is a mandatory exemption. As the City has not communicated its revised views on disclosure to the affected person, I will consider the possible application of section 14 to the record in its entirety, and will view the City's comments on which portions of the record should be withheld as part of its representations.
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Legislation
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MFIPPA
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14(1)(f)
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14(2)(a)
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14(2)(h)
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14(3)(d)
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14(4)(a)
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14(4)(b)
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2(1) personal information
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Subject Index
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Signed by
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John Higgins
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Published
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Mar 02, 1994
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Type
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Order
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© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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