Document

MO-2713-R

File #  MA09-161
Institution/HIC  West Nipissing Police Services Board
Summary  The police received a request for a severance agreement which it entered into with its former chief. The police denied access stating that the sole responsive record falls outside the parameters of the Act under section 52(3)3 or, in the alternative, that the discretionary exemptions in sections 6(1)(b) (closed meeting), 11 (economic and other interests), 12 (litigation privilege), and the mandatory exemption in section 14(1) (personal privacy) would apply to the record. The appellant raised the issue of the applicability of the public interest override at section 16 of the Act. In Order MO-2609-I, section 12 was found to apply to exempt the entire record and the police were ordered to re-exercise their discretion. In Order MO-2645-I, the police were ordered to re-exercise their discretion again. In response, the police sought a reconsideration of Order MO-2645-I. Based on all of the representations received in response to the reconsideration request, the adjudicator determined that the police had exercised their discretion properly and upheld their decision to deny access to the record.
Legislation
  • MFIPPA
  • Section 12
Signed by  Diane Smith
Published  Apr 04, 2012
Type  Reconsideration Order
Orders and Reports Considered  MO-2609-I   MO-2645-I  
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