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Document
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PO-3149
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File #
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PA12-56
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Institution/HIC
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Ministry of Economic Development and Innovation
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Summary
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The ministry received a request under the Act for a copy of a funding agreement between the government and a named party (the affected party). Following notification to the affected party, the ministry granted partial access to the agreement, relying on sections 17(1)(a) and (c) (third party information) and 18(1)(c) and (d) (economic interests of Ontario) to withhold portions of the record. The requester appealed the ministry’s decision. During the inquiry, the ministry issued a revised decision, disclosing additional information previously withheld under the section 17(1) and 18(1) exemptions. This order finds that section 17(1) does not apply to the names of the businesses with which the affected party proposed to contract. In addition, this order finds that section 18(1) does not apply to exempt the job targets specified in the agreement, or a clawback formula. However, the order upholds the ministry’s decision to apply section 18(1) to exempt a chart containing details about repayment in the event of default, and also finds that the public interest override does not apply to this information.
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Legislation
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Section 23
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17(1)(a)
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17(1)(c)
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18(1)(c)
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18(1)(d)
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Signed by
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Sherry Liang
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Published
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Dec 20, 2012
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Type
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Order
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Orders and Reports Considered
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PO-1722
PO-2569
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Cases Considered
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Merck Frosst Canada Ltd. v. Canada (Health), 2012 SCC 3, [2012] 1 SCR 23.
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© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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