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PO-3009-F

Document		PO-3009-F


File #		PA07-119


Institution/HIC		University of Ottawa


Summary		The appellant made a request to the University of Ottawa under the Freedom of Information and Protection of Privacy Act for records mentioning himself. Some of the responsive records would be in the possession of professors at the university, who are members of the Association of Professors of the University of Ottawa (APUO). The university asked APUO members to turn over potentially responsive records to it so it could make an access decision under the Act. In response, APUO filed a grievance. The arbitrator hearing the grievance issued three awards, and in those awards he reached several determinations about whether the responsive records held by APUO members are in the university’s custody or control, as required for them to be subject to the Act. This order determines that, in the context of a dispute arising from an access request under the Act, this office has exclusive jurisdiction to determine the question of custody or control of responsive records. This order also establishes criteria for determining whether records held by APUO members are in the university’s custody or control. The university is ordered to request that APUO members produce responsive records in the university’s custody or control to it and to issue an access decision to the appellant.


Legislation		FIPPA Section 1 Section 24 Section 26 Section 28 10(1) 47(1) 52(1) 52(13) 52(3) 52(4) 52(8) 54(1) 54(3) 65(6) 65(8.1)(a)


Subject Index		university records academic freedom responsive Freedom of Information Coordinator


Signed by		Diane Smith


Published		Nov 07, 2011


Type		Order – Final


Orders and Reports Considered		PO-2776-I PO-1868 P-120 P-239 PO-2536 MO-1285 MO-1283 MO-1251


Cases Considered		City of Ottawa v. Ontario, 2010 ONSC 6835 (Div. Ct.), leave to appeal denied, Doc. M39606 (C.A.); Ministry of the Attorney General v. Information and Privacy Commissioner, 2011 ONSC 172; Weber v. Ontario Hydro, [1995] 2 S.C.R. 929; Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Quebec (Attorney General), 2004 SCC 39, [2004] 2 S.C.R. 185; Bonner v. Via Rail Canada 2009 FC 857; Regina Police Assn. Inc. v. Regina (City) Board of Police Commissioners, [2000] 1 S.C.R. 360; Bisaillon v. Concordia University, [2006] 1 S.C.R. 666; McNeil v. Brewers Retail Inc., 2008 ONCA 405; Toronto Police Services Board v. (Ontario) Information and Privacy Commissioner, 2009 ONCA 20 (reversing [2007] O.J. No. 2441); Reference re Municipal Freedom of Information and Protection of Privacy Act, 2011 ONSC 1495; Ontario (Minister of Health) v. Holly Big Canoe, 1995 CanLII 512 (C.A.); Ministry of Attorney General and Toronto Star and Information and Privacy Commissioner of Ontario, 2010 ONSC 991; St. Joseph Corp. v. Canada (Public Works and Government Services, [2002] F.C.J. No. 361 (T.D.); Brookfield LePage Johnson Controls Facility Management Services v. Canada (Minister of Public Works and Government Services), [2003] F.C.J. No. 348 (T.D.); Canadian Tobacco Manufacturers’ Council v. Canada (Minister of National Revenue - M.N.R., [2003] F.C.J. No. 1308 (F.C.); Ontario (Ministry of Transportation, [2004] O.J. No. 224 (Ont. Div. Ct.); affirmed (Ont. C.A.), [2005] O.J. No. 4047; application to Supreme Court of Canada for leave to appeal dismissed [2005] S.C.C.A. No. 563; Laurentian University Faculty Association v. Laurentian University, 2010 CanLII 32256 (ON LRB), Amalgamated Transit Union Local 1587 v. GO Transit, 2010 CanLII 45247 (ON GSB); John Doe v. Ontario (1993) 13 O.R. (3d) 767; 1993 CanLII 3388; Reynolds v. Binstock, 2006 CanLII 36624 (ON SCDC); Ontario (Criminal Code Review Board) v. Ontario (Information and Privacy Commissioner), 1999 CanLII 3805, [1999] O.J. No. 4072; Canada Post Corp. v. Canada (Minister of Public Works) (1995), 30 Admin. L.R. (2d) 242 (Fed. C.A.); Dagg v. Canada (Minister of Finance) 1997 CanLII 358 (S.C.C.), [1997] 2 S.C.R. 403.


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