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Document
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PO-3032
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File #
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PA10-276, PA10-283, PA10-285, PA10-293, PA10-300, PA10-302, PA10-304, PA10-306, PA10-308, PA10-313, PA10-315, PA10-317, PA10-319, PA10-322, PA10-324, PA10-326, PA10-329 and PA11-29-2
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Institution/HIC
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Ministry of Health and Long-Term Care
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Summary
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The appellant requested payment summaries setting out, by drug manufacturer, the amounts of discount payments made by individual drug manufacturers under the Ontario Drug Benefits Plan, the dates of the ministry’s invoices, and the dates when payments were received. The request was submitted to the Ministry of Health and Long-term Care, which denied access to the payment amounts under sections 17(1)(a) and (c) (third party information) and 18(1)(c) and (d) (economic and other interests). The ministry decided to disclose the remaining information in the records.
The appellant appealed the decision to deny access to the payment amounts. A number of drug manufacturers appealed the decision to grant access in part, claiming that sections 17(1)(a) and (c) applied to the information the ministry decided to disclose. Some drug manufacturers sought to apply the discretionary exemptions in sections 18(1)(c) and (d) to the entirety of the records, including parts for which the ministry did not claim it. Some drug manufacturers also sought to apply the mandatory exemption in section 17(1)(b).
The ministry’s decision to deny access to the payment amounts under sections 18(1)(c) and (d) is upheld, as is the ministry’s decision to disclose the remaining information in the records, consisting of company names, invoice dates and dates upon which payment was received, none of which is exempt under sections 17(1)(a), (b) or (c). The drug manufacturers are not permitted to expand the application of sections 18(1)(c) and (d) to this information, which is, in any event, not exempt under those provisions.
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Legislation
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FIPPA
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17(1)(a), (b) & (c)
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18(1)(c)
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18(1)(d)
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Subject Index
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Signed by
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John Higgins
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Published
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Jan 06, 2012
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Type
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Order
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Orders and Reports Considered
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PO-2865
PO-2956
P-257
P-1398
PO-2010
PO-2863
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Cases Considered
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Ontario (Ministry of Finance) v. Ontario (Information and Privacy Commissioner), [1999] 118 O.A.C. 108, [1999] O.J. No. 484 (C.A.), leave to appeal to Supreme Court of Canada refused (January 20, 2000), Doc. 27191 (S.C.C.); Boeing Co. v. Ontario (Ministry of Economic Development and Trade), [2005] O.J. No. 2851 (Div. Ct.), leave to appeal dismissed, Doc. M32858 (C.A.); Order 26-1994, British Columbia Hydro and Power Authority, Re, 1994 CanLII 1432 (B.C.I.P.C.); Order 2000-005, Calgary Regional Health Authority (Alta. IPC); Canadian Medical Protective Association v. John Doe, [2008] O.J. No. 3475, 2008 CanLii 45005 (Div. Ct.); Order 01-01, Children and Women’s Health Centre of British Columbia, Re, 2001 CanLii 21555 (B.C.I.P.C.); Ontario (Workers’ Compensation Board) v. Ontario (Assistant Information and Privacy Commissioner) (1998), 41 O.R. (3d) 464 (C.A.); Ontario Hydro v. Mitchinson, [1996] O.J. No. 4636 (Div. Ct.).
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