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Document
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M-268
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/ifq?>
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File #
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M-9300204
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Institution/HIC
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Simcoe County District Health Unit
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Summary
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The Simcoe County District Health Unit (the Health Unit) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to copies of documents respecting the septic system on Lot 119, Plan 780, Concession 1 in the Township of Orillia. The request included information related to any complaints received by the Health Unit related to the septic system, as well as any documents concerning an appeal to the Environmental Appeal Board (the EAB) by the former owner of the property (the primary affected person). The Health Unit denied access to the majority of the requested records, pursuant to sections 8(1)(b) and 8(2)(a) of the Act . It granted partial access to an application form/certificate of approval for a certain class of septic tank system for this lot. Pursuant to section 14 of the Act , the name, address, telephone number and signature of the primary affected person as found in these records was not disclosed to the requester. The requester appealed the decision of the Health Unit. Following the filing of the appeal, the Health Unit claimed that the discretionary exemption contained in section 12 of the Act applied to some of the records. During mediation, the Health Unit granted access in full to some records and partial access to others, with the exception of the telephone number of the primary affected person. As the appellant subsequently confirmed that he was not interested in obtaining the telephone number of the primary affected person on these records, they were also eliminated from the scope of the appeal. Further mediation was not successful and notice that an inquiry was being conducted to review the Health's Unit decision was sent to the appellant, the Health Unit, the primary affected person and two individuals who had been involved in this matter (the other affected persons). Representations were received from the appellant, the Health Unit and the primary affected person.
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Legislation
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Subject Index
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Signed by
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Anita Fineberg
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Published
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Feb 14, 1994
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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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