Dernières décisions

An individual made a request under the Freedom of Information and Protection of Privacy Act (the Act) to the Ministry of Children, Community and Social Services (the ministry) for information about a tool used by the ministry to establish funding priority for adults with development disabilities. The ministry refused access to the tool stating that disclosure would be injurious to the financial interests of the Government of Ontario (section 18(1)(d) of the Act).

In this order, the adjudicator upholds the ministry’s decision to withhold the tool, in part. She finds that information relating to the purpose and business context of the tool, information included in the published version of the tool, and the score type is not exempt because its disclosure would not be injurious to the ministry’s financial interests. However, she finds that disclosure of the remaining information would be injurious to the ministry’s financial interests under section 18(1)(d) and the public interest override at section 23 does not apply to permit its disclosure.

The appellant asked the ministry for records, between March 2020 and March 2022, of scientific evidence for specific COVID-19 protocols. The ministry located seven records (totalling over 150 pages) that were responsive to the appellant’s request. However, the appellant asserted that additional records should exist. In this order, the adjudicator finds that the ministry’s affidavit evidence establishes that the ministry conducted a reasonable search for records responsive to the appellant’s request. She dismisses the appeal.

A school board received a multi-part request under the Municipal Freedom of Information and Protection of Privacy Act for a variety of records, including privacy assessments. The board withheld the records at issue, taking the position that disclosure would impact its economic interests (section 11(a)). In this order, the adjudicator finds that one record is not exempt under section 11(a) and orders the board to disclose it. The adjudicator upholds the board’s decision to deny access to the two remaining records on the basis that section 11(a) applies and finds that the public interest override (section 16) does not apply.

The police received a request from the appellant for access to information about his father’s death. The police granted partial access to responsive records. Two affected parties, individuals who lived with the deceased at the time of his death, opposed disclosure of their personal information in the records, including where it is inextricably mixed with the deceased’s personal information. She finds that the information at issue is exempt under the personal privacy exemptions in sections 14(1) and 38(b) of the Act.

An individual made a request under the Municipal Freedom of Information and Protection of Privacy Act to the town for access to records and information relating to third party vendors on the town’s website. The town provided a fee estimate and sought a time extension of 30 days to respond to the request.
The individual appealed the town’s fee estimate and time extension to the IPC. During mediation, the individual sought a fee waiver from the town. The town denied the fee waiver request.
In this decision, the adjudicator upholds the town’s fee estimate, time extension and denial of fee waiver.

An individual asked the city for records related to Next Generation 911. The city initially provided the individual with a fee estimate of $1180, but after processing the access request, it provided the individual with a final fee of $990. The individual disputes that the fee is reasonable. In this order, the adjudicator orders the city to reduce the fee to $645.

This final order determines whether the City of Toronto (the city) conducted a reasonable search under the Municipal Freedom of Information and Protection of Privacy Act for records relating to repairs to sidewalks at a specific address. In Interim Order MO-4558-I, the adjudicator determined that the city had not conducted a reasonable search and ordered it to conduct a further search for responsive records. In this final order, the adjudicator finds that the city has now conducted a reasonable search for responsive records, and she dismisses the appeal.

On April 2, 2024, an individual asked the ministry for records between it, the staff of three private sector beverage companies, and the Beer Store since 2018. On May 1, 2024, the ministry provided the appellant with a fee estimate and on June 5, 2024, the appellant paid a deposit. Upon payment of the deposit, the ministry claimed a time extension of 240 days under section 27(1) of the Act until February 3, 2025. This order partly upholds the ministry’s decision to claim a time extension, but reduces it from 240 days to 223 days, and orders the ministry to issue a final access decision by January 14, 2025.

This final order determines whether the college conducted a reasonable search for responsive records in response to Interim Order PO-4512-I. In compliance with the Interim Order, the college conducted further searches and provided four affidavits in support of its searches. The adjudicator finds that the college provided sufficient evidence to establish that it has conducted a reasonable search for responsive records. The appeal is dismissed.

A company submitted a request for reconsideration of Order MO-4507, where the adjudicator upheld the city’s decision to withhold a report under the closed meeting exemption. The company claimed that there was a fundamental defect in the adjudication process.
In this reconsideration order, the adjudicator finds that neither a fundamental defect in the adjudication process nor any of the other grounds for reconsideration under section 18.01 of the IPC’s Code of Procedure has been established and denies the request for reconsideration.

An individual made a request to the Ministry of the Solicitor General under the Freedom of Information and Protection of Privacy Act for records of entities that have queried or accessed a specified OPP file. The ministry initially refused to confirm or deny the existence of the requested records (section 14(3)) but subsequently provided the requester with access to part of a record.
The requester believes that additional records regarding queries of and accesses to the OPP file ought to exist and challenged the reasonableness of the ministry’s search.
In this interim order, the adjudicator finds that the ministry has not provided sufficient evidence to demonstrate that reasonable efforts have been made to conduct a search for the records the appellant is seeking. The adjudicator orders the ministry to conduct a further search for records and to provide affidavit evidence explaining its searches.

A person asked the Barrie Police Services Board for a report related to the death of the person’s parent. The police gave the person partial access to two records. The police denied access to some information in the records because they contain another person’s personal information [section 38(b)]. The person seeks full access to one of the records.
The adjudicator agrees with the police’s decision not to share some information in the record at issue and dismisses the appeal.

An individual requested access from a social services administration board (the board) to all records relating to an apartment unit, including complaints, emails or other correspondence. The board denied access to the records, claiming the personal privacy exemptions. In this order, the adjudicator finds the records are exempt under the personal privacy exemptions because disclosure of the personal information in those records would be an unjustified invasion of personal privacy. She upholds the institution’s decision not to disclose them and dismisses the appeal.

This order resolves two related appeals. Under the Municipal Freedom of Information and Protection of Privacy Act, an individual requested access to records relating to his name being searched through the databases of the Niagara Police Services Board (the police), including the reasons that his name was being searched and underlying associated records. In response to one request, the appellant received access to some information; in response to the other, he was told that there were no responsive records. The requester challenged the reasonableness of the police’s searches because he believed other records should exist. In this order, the adjudicator upholds the reasonableness of the police’s search efforts and dismisses the appeals.

An individual submitted a request for reconsideration of Order MO-4560, which partly upheld the city’s access decision. With respect to the issue of the city’s custody or control of responsive records, the adjudicator found in Order MO-4560 that the city had custody or control over communications between city staff but not over communications between elected officials (including the mayor). The requester claimed that there was a fundamental defect in the adjudication process because the order did not address any communications that may have occurred between city staff and elected officials (including the mayor).
The adjudicator allows the reconsideration of Order MO-4560. As the issue of reasonable search was not addressed in Order MO-4560, the adjudicator finds that there was a fundamental defect in the adjudication process.
Further in this order, the adjudicator finds that the city conducted a reasonable search for records of communications between city staff and elected officials (including the mayor). As no responsive records between city staff and elected officials (including the mayor) exist, the adjudicator makes no finding on the city’s custody or control over such records.