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PO-3036

Document		PO-3036


File #		PA10-248


Institution/HIC		Ministry of Children and Youth Services


Summary		The appellant made a request to the ministry for the number of approved hours for each client receiving intensive behavioural intervention under the autism intervention program, broken down by region. The ministry did not provide a decision respecting access to this information as it takes the position that it does not have custody or control of the requested information for the purposes of section 10(1) of the Act. The ministry has control over the records as it does not have an arm’s length relationship with the transfer payment agencies that administer and deliver the program. The ministry is ordered to provide an access decision to the appellant.


Legislation		FIPPA 10(1)


Signed by		Stephanie Haly


Published		Jan 16, 2012


Type		Order


Orders and Reports Considered		MO-2416


Cases Considered		Walmsley v. Ontario (Attorney General) (1997), 34 O.R. (3d) 611; Ontario (Criminal Code Review Board) v. Ontario (Information and Privacy Commissioner), [1999] O.J. No. 4072.


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