Document

PO-3148

File #  PA10-106
Institution/HIC  Ontario Power Authority
Summary  This order addresses the appeal from the decision of the Ontario Power Authority (the OPA) responding to a community organization’s request for access to information relating to a new power generation facility in northern York Region. The OPA denied access to bid evaluation team and scoring records variously under sections 14(1)(e), 17(1)(a) & (c), 18(1)(c) & (d), and 21(1). This appeal was placed on hold pending the outcome of reconsideration requests in Appeal PA09-413, a related appeal with several records in common. In this order, the adjudicator finds that the appellant is qualified to bring an appeal to this office under section 50(1) of the Act; that some information is not responsive to the request; and that none of the claimed exemptions apply to the records. The adjudicator is not required to consider the OPA’s exercise of discretion under sections 14 or 18, or the application of the public interest override in section 23. The responsive portions of the records are ordered disclosed to the appellant.
Legislation
  • Section 1
  • 2(1) personal information
  • 2(3)
  • 10(1)
  • 14(1)(e)
  • 17(1)(a)
  • 17(1)(c)
  • 18(1)(c)
  • 18(1)(d)
  • 21(1)
  • 28(1)
  • 50(1)
Signed by  Daphne Loukidelis
Published  Dec 19, 2012
Type  Order
Orders and Reports Considered  PO-2987   PO-3062-R   PO-3055   PO-2917   PO-2758   PO-2657   PO-1983   PO-1816   PO-1747   PO-1745   MO-1360-I   MO-2063  
Cases Considered  London Property Management Association v. City of London, 2011 ONSC 4710 (Div. Ct.); Ontario (Ministry of Labour) v. Ontario (Big Canoe) (1999), 46 O.R. (3d) 395 (C.A.); Ontario (Ministry of Transportation) v. Cropley (2005), 34 Admin. L.R. (4th) 12 (C.A.).
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