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PO-2634

Document		PO-2634


File #		PA07-229


Institution/HIC		Ministry of Natural Resources


Summary		Records relating to the Canada- U.S. Softwood Lumber Agreement, Ministry estimates 42,000 pages of records. Section 24(1)(b)/24(2) – the request did not require clarification. Unilateral narrowing by the requester is not clarification under 24(2). Section 27(1) – timeliness of Ministry’s time extension claim – the time extension was claimed late. Ministry barred form claiming a section 27 time extension. Section 27(1) – procedure in Order P-81 altered to permit section 27 time extensions to be claimed in interim access decisions. Section 29(4) – the Ministry is in “deemed refusal”. Remedy: Ministry ordered to produce an index within 35 days; appellant may reduce size of request within 15 days after receiving index; Ministry ordered to make final access decision within 3 months after that.


Legislation		FIPPA 24(1)(b) 24(2) Section 26 27(1) 29(4)


Subject Index		clarity of request with interim access decision interim access decision time limit for


Signed by		John Higgins


Published		Jan 09, 2008


Type		Order


Orders and Reports Considered		P-81 M-555 P-214


Issue Outcomes		Records relating to the Canada- U.S. Softwood Lumber Agreement, Ministry estimates 42,000 pages of records. Section 24(1)(b)/24(2) – the request did not require clarification. Unilateral narrowing by the requester is not clarification under 24(2). Section 27(1) – timeliness of Ministry’s time extension claim – the time extension was claimed late. Ministry barred form claiming a section 27 time extension. Section 27(1) – procedure in Order P-81 altered to permit section 27 time extensions to be claimed in interim access decisions. Section 29(4) – the Ministry is in “deemed refusal”. Remedy: Ministry ordered to produce an index within 35 days; appellant may reduce size of request within 15 days after receiving index; Ministry ordered to make final access decision within 3 months after that.


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