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Document
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M-204
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File #
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M-9200284
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Institution/HIC
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Town of Gananoque
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Summary
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The Town of Gananoque (the Town) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to a release agreement entered into between the Town and a former employee (the employee). The requester also sought access to the monies paid to this individual which arose out of this agreement. The Town denied access to the agreement based on the exemption contained in section 14(3)(f) of the Act . The requester appealed the Town's decision. In his letter of appeal, the requester stated that the circumstances surrounding the departure of the employee were well-publicized and represent a matter of community concern. The requester has, therefore, indirectly raised the issue of whether section 16 of the Act (the so-called public interest override) applies to the facts of this case. The records which the Town originally identified as being responsive to the request consist of a three page document entitled "Release Agreement" and a one page appendix. This appendix specifies the time period during which the employee is to receive a continuation of his salary, the percentage of salary to be paid should the individual obtain alternative employment and the other entitlements which the employee will receive. During the course of mediation, and at the request of the Appeals Officer, the Town also agreed to create a third record entitled "Information Regarding Payments Made or to Be Made for [a named individual's] Settlement". The Town further agreed to treat this document as if it had existed on the date that the request was received. This record, which more specifically responds to the appellant's request, indicates the dollar value of the entitlements to be paid to the employee and the time periods over which these payments will be made. These amounts had originally been contained in a number of separate documents. The Town then took the position that this record is also exempt from disclosure under section 14(3)(f) of the Act . The further mediation of this appeal was not successful and notice that an inquiry was being conducted to review the Town's decision was sent to the Town, the appellant, and to the employee (the affected person). In this document, the requester and the employee were advised of the third record which had been prepared by the Town. Representations were received from the Town and the employee only. On August 6, 1993, while these representations were being considered, Commissioner Tom Wright issued Order M-170 which interpreted several statutory provisions of the Municipal Freedom of Information and Protection of Privacy 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 similar statutory provisions are at issue in the present appeal, it was determined that copies of Order M-170 should be provided to the appellant, the Ministry and the employee. The parties were then afforded the opportunity to state whether the contents of Order M-170 would cause them to change or to supplement the representations which they had previously made. No further representations were received.
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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)(f)
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14(2)(h)
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14(2)(i)
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14(3)(d)
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14(3)(f)
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2(1) personal information
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Section 16
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Subject Index
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Signed by
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Irwin Glasberg
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Published
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Oct 22, 1993
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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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