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Document
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M-280
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File #
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M-9300064
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Institution/HIC
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Toronto Board of Education
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Summary
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The Toronto Board of Education (the Board) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for a copy of a report prepared by its Equity Advisor - Women. The report was prepared for the Board's Associate Director of Education - Human Resources and relates to concerns raised by the requester after a job competition in which she had been an unsuccessful candidate. The Board identified the responsive record as a title page, an index, the 18-page report and 3 appendices. The Board disclosed the title page, the index, Section I, "Introduction", Section II, "Background" (except for 4 lines) and Part 1 of Section III, "The Selection Process". The Board also disclosed Appendices 1 and 3 and most of Appendix 2. The Board denied access to the remainder of the report pursuant to sections 7(1), 12, 14(1) and 14(3) of the Act . Access was denied to portions of Appendix 2 under section 14 only. The requester appealed the Board's decision. During mediation, the Board determined that the covering letter to the report was also responsive to the request. The Board denied access to portions of the letter pursuant to sections 7(1) and 12 of the Act . Mediation was not successful and notice that an inquiry was being conducted was sent to the appellant, the Board and the two other candidates involved in the job competition (the affected persons). Representations were received from the appellant, the Board and the successful candidate (affected person #1). Affected person #1 consented to the release of his personal information. The other candidate (affected person #2) did not provide representations. While these representations were being considered, I issued Order M-170 which interpreted section 14 of the Act in a way which differed from the interpretation developed in previous orders. Since a new approach to the operation of the Act was being adopted and because section 14 is at issue in the present appeal, it was determined that copies of Order M-170 should be provided to all the parties. The parties were then afforded the opportunity to state whether the contents of Order M-170 would cause them to change or supplement the representations which they had previously made. Additional representations were received from the Board and in its representations, the Board raised the application of section 14(3)(g).
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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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Mar 03, 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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