PO-4642-R

The appellant submitted a request for reconsideration of Order PO-4591, which upheld the ministry’s decision to deny access to OHIP investigation records about a potential billing concern. Order PO-4591 held that section 49(a) of the Act, allowing the ministry to refuse the appellant access to his personal information, read with section 14(1)(c), allowing the ministry to refuse to disclose records that could reveal investigative techniques or procedures, applied to the OHIP investigation records.
The appellant argues that there was a fundamental defect in the adjudication process because the ministry did not specify which part of section 14(1) it relied on to withhold the records or provide evidence of an ongoing law enforcement investigation, and because his representations were not considered before Order PO-4591 was issued.
The adjudicator allows the reconsideration of Order PO-4591, which erroneously states that the appellant did not submit representations. As the appellant’s representations were not considered in Order PO-4591, the adjudicator finds that there was a fundamental defect in the adjudication process.
The adjudicator considers the appellant’s representations, which do not address section 14(1)(c) of the Act, and she finds that they do not affect the result in Order PO-4591. The adjudicator confirms her finding in Order PO-4591 that section 49(a), read with section 14(1)(c), applies to the withheld records.