|
|
|
|
|
|
|
|
|
|
|
|
|
|
Document
|
|
MO-1435-I
|
|
|
|
|
|
Institution/HIC
|
|
The Nottawasaga Valley Conservation Authority
|
|
|
|
|
|
Summary
|
|
NATURE OF THE APPEAL: The Nottawasaga Valley Conservation Authority (the NVCA) received a request from counsel for a named ski resort as represented by a named individual (the representative) under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for: copies of all correspondence and documents regarding [five named individuals] for [a named] Secondary Plan and [the named ski resort] for the period January, 1997 to the present date of November 1, 1999. The NVCA identified a number of responsive records. Before making its decision respecting access to the responsive information, the NVCA contacted the five named individuals (the affected persons) to canvass whether these individuals would consent to the disclosure of their information. All of the individuals objected to the disclosure of any information in the custody or under the control of the NVCA which might refer to them. After considering the affected persons' responses, the NVCA decided to grant access, in part, to the responsive records. The NVCA denied access to the remaining records which it had identified as being responsive under sections 8(1)(a) and (b) (law enforcement) and 14(1) (invasion of privacy) of the Act . In citing section 14(1), the NVCA considered the factor under section 14(2)(h) (information supplied in confidence) of the Act . Although not referred to in its decision, the NVCA has indicated on its index of records which was provided to this office, that it also relies on the presumption under section 14(3)(b) (information compiled as part of investigation into a possible violation of law) as a basis for withholding the records under section 14(1). The NVCA also cited the mandatory personal information exemption under section 14(5) of the Act to refuse to confirm or deny whether other responsive records exist. The ski resort and its representative (collectively, the appellant) appealed the NVCA's decision. The appellant takes the position that the institution should not, on the one hand, be able to claim that the information provided would constitute an invasion of privacy, while on the other hand, utilize it to affect its economic interests. In my view, the appellant has raised the possible application of the factor in section 14(2)(d) (fair determination of rights) and an unlisted factor concerning the issue of "fairness", both of which, if applicable, would weigh in favour of the disclosure of the personal information in the records. In its index, the NVCA indicated that the following two records are not responsive to the request: Letter from Ministry of Municipal Affairs and Housing to Township of Springwater (the Township) December 15, 1998; and Letter from County of Simcoe to the Township December 16, 1998. During mediation, the appellant indicated that it is not interested in pursuing the issue of whether these records are responsive to the request. Accordingly, these two records are not at issue in this appeal. I sent a Notice of Inquiry setting out the facts and issues in the appeal, initially, to the NVCA and to the five individuals referred to in the appellant's request. I received representations from the NVCA and two affected persons jointly (who I will refer to as the primary affected person). The Notice of Inquiry that was sent to one affected person was returned to this office as undeliverable. One other affected person contacted this office and indicated that there was nothing further to say beyond what was said to the NVCA following its initial notification. I subsequently sought the appellant's representations on the issues in this appeal. In doing so, I did not provide it with the submissions that I had received, but rather, prepared a summary of them so that the appellant was able to understand the basis for the positions taken. The appellant was asked to review these summaries and to refer to them, where appropriate, in responding to the issues in the Notice of inquiry. The appellant submitted representations in response. After reviewing the appellant's representations I decided to seek reply representations from the NVCA and the primary affected person. I provided these parties with the submissions made by the appellant and asked them to respond to its comments. Only the primary affected person responded. RECORDS: The NVCA did not number the records, but rather identified them by context and date. For ease of reference, I have listed the records identified by the NVCA below and have assigned a record number to each one as follows: Permit File Record 1 - Letter from the Ministry of Environment (the MOE) to the primary affected person dated November 9, 1999 with attachments from one and/or both of the primary affected person [exempted under sections 8(1)(a) & (b) and 14(3)(b)] Record 2 - Letter from the primary affected person to the Township dated October 8, 1999 [exempted under sections 8(1)(a) & (b)] Record 3 - Letter from Sierra Legal Defence Fund to NVCA dated September 30, 1999 [exempted under sections 8(1)(a) & (b) and 14(3)(b)] Record 4 - Letter from MOE to the primary affected person dated May 12, 1999 [exempted under sections 8(1)(a) & (b) and 14(3)(b)] Record 5 - Letter to NVCA from the primary affected person dated July 9, 1999 [exempted under sections 14(2)(h)] Record 6 - Letter from the primary affected person to NVCA dated July 7, 1999 [exempted under sections 8(1)(a)&(b), 14(1)(a)&(b), 14(3)(b), 14(2)(h)] Record 7 - Letter from the primary affected person to a Township councillor (as Chair of the NVCA) dated June 9, 1999 [exempted under sections 14(3)(b) and 14(2)(h)] Record 8 - Duplicate of Record 7 [exempted under sections 14(3)(b) and 14(2)(h)] Record 9 - NVCA Staff notes dated June 25, 1999 [exempted under sections 8(1)(a) & (b) and 14(3)(b), 14(2)(h)] Record 10 - Letter from Consulting Engineers to NVCA dated November 4, 1998 [exempted under sections 8(1)(a) & (b) and 14(3)(b)] Record 11 - Letter from Township to NVCA dated October 9, 1998<
|
|
|
|
|
|
Legislation
|
|
-
MFIPPA
-
14(2)(h)
-
14(3)(b)
-
14(5)
|
|
|
|
|
|
Subject Index
|
|
|
|
|
|
|
|
Published
|
|
Jun 04, 2001
|
|
|
|
|
|
Type
|
|
Order – Interim
|
|
|
|
|
|
<<
Back
|
|
|
|
Back to Top
|
 |
|
|
|
© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
|