Latest IPC Decisions

The appellant submitted a request under the Act to the Champlain LHIN (the LHIN) for access to general records relating to oversight of a specified health service provider. The LHIN responded stating that the requested records are not within its custody or under its control. The LHIN forwarded the request to the specified health service provider, pursuant to section 25(1) of the Act.

The appellant appealed the LHIN’s decision to forward the request, challenging the LHIN’s assertion that the records he is seeking are not in its custody or control. In this order, the adjudicator finds that the requested records are not within the custody or control of the LHIN within the meaning of section 10(1) of the Act and that the LHIN discharged its duty under section 25(1) by forwarding the request to the health service provider.

Waypoint received a request under the Act for access to documents and policies relating to the use of seclusion and restraints. After conducting a search, Waypoint decided to grant partial access to records it located, citing sections 13(1) (advice or recommendations), 18(1)(j) (evaluation of quality of health care by a hospital committee) and 19 (solicitor-client privilege) of the Act to withhold certain information. The appellant appealed the decision and also relied on section 23 (public interest override) claiming that it applied to any records found exempt under section 18(1). In this order, the adjudicator upholds Waypoint’s decision concerning sections 19 and 18(1)(j) and finds that there is no compelling public interest in disclosure of the information found exempt under section 18(1). The appeal is dismissed.

The appellant submitted a request to the City of Oshawa (the city) for access to records related to certain aviation companies. The city located records responsive to the request and issued a decision denying access to them in part. The city relied on the discretionary exemptions at section 6(1)(b) (closed meeting), 7(1) (advice or recommendations), 11(d) and (e) (economic and other interests), and 12 (solicitor-client privilege), as well as the mandatory exemption at section 14(1) (personal privacy) of the Act. The appellant appealed the city’s decision. In this interim order, the adjudicator upholds the city’s decision that section 12 applies to the information at issue. She also finds that sections 6(1)(b), 7(1), 11(d), and 14(1) apply to some pages and/or portions of pages of the records at issue, and that section 11(e) does not apply to any of the information at issue.

The adjudicator orders the city to withhold the information that section 14(1) applies to and upholds its discretion to apply sections 7(1), 11(d) and 12 and withhold certain information, but orders it to re-exercise its discretion in relation to its application of section the 6(1)(b) exemption. The adjudicator orders the city to disclose to the appellant the remaining information to which she concluded none of the exemptions apply.

The Halton Regional Police Services Board received a request under the Municipal Freedom of Information and Protection of Privacy Act for access to records related to the death of the appellant’s boyfriend. The police issued a decision granting partial access to the responsive records withholding information under sections 14(1) (personal privacy), 38(b) (personal privacy), and 8(1)(h) (security) of the Act. The appellant appealed the police’s decision to the Information and Privacy Commissioner of Ontario. In this order, the adjudicator upholds the police’s decision and orders the police to issue an access decision regarding the audio recording of the appellant’s statement.

This decision addresses a complaint of an access decision made under the Act for all of the complainant’s personal health information held by the custodian. The custodian denied access to all of the records, claiming the application of the exemption in section 52(1)(e)(i) (risk of harm, including to treatment or recovery). In this decision, the adjudicator finds that most of the records are dedicated primarily to the complainant’s personal health information while others are not, and that in either case, the exemption in section 52(1)(e)(i) does not apply. The custodian is ordered to release the records, either in whole or in part, to the complainant.

The complainant sought access under Part X of the Child, Youth and Family Services Act, 2017 (the Act) for her entire file with the Family and Children’s Services Niagara (the service provider). The complainant was granted access, in part, but was denied access to information the service provider says relates to other individuals pursuant to the exemption at section 312(1)(d)(iii) of the Act (identification of an individual who provided information explicitly or implicitly in confidence). The complainant filed a complaint with the Information and Privacy Commissioner of Ontario (IPC), asking the IPC to review the service provider’s access decision.

In this decision, the adjudicator upholds the service provider’s decision in part. She upholds its decision to withhold information in records contained in the complainant’s protection file, which includes records pertaining to the complainant’s family. However, the adjudicator orders the service provider to grant greater access to records contained in the complainant’s care file. She finds these latter records are dedicated primarily to the provision of a service to the complainant, and that the claimed exemption does not apply to some of the withheld information.

The complainant sought access under Part X of the Child, Youth and Family Services Act, 2017 (the Act) for her entire file with the Family and Children’s Services Niagara (the service provider). The complainant was granted access, in part, but was denied access to information the service provider says relates to other individuals pursuant to the exemption at section 312(1)(d)(iii) of the Act (identification of an individual who provided information explicitly or implicitly in confidence). The complainant filed a complaint with the Information and Privacy Commissioner of Ontario (IPC), asking the IPC to review the service provider’s access decision.

In this decision, the adjudicator upholds the service provider’s decision in part. She upholds its decision to withhold information in records contained in the complainant’s protection file, which includes records pertaining to the complainant’s family. However, the adjudicator orders the service provider to grant greater access to records contained in the complainant’s care file. She finds these latter records are dedicated primarily to the provision of a service to the complainant, and that the claimed exemption does not apply to some of the withheld information.

A requester sought access to G2 examiner training documents from the Ministry of Transportation (the ministry). A third party appealed, relying on the mandatory third party information exemption at section 17(1) of the Act to deny access to the records at issue. In this order, the adjudicator finds that the section 17(1) does not apply, and orders the ministry to disclose the records.

The appellant made a request for records relating to their ex-partner to the ministry and the ministry denied access to those records under the mandatory and discretionary personal privacy exemptions. The appellant appealed the ministry’s decision to the IPC. The ministry refused to provide records to the IPC so that it may conduct an inquiry. In this decision, the adjudicator orders the ministry to produce the records at issue in the appeal to the IPC.

The appellant submitted a request to the city under the Act for records relating to specified complaints to the city’s animal services department. The city located responsive records and disclosed a number to her, but an audio/video recording was withheld under the discretionary exemption in section 38(b) (personal privacy).

In this order, the adjudicator finds that portions of the recording are exempt from disclosure, but portions of the recording should be disclosed to the appellant.

The City of Ottawa (the city) received a request under the Municipal Freedom of Information and Protection of Privacy Act. The city asked for clarification about what was meant by the wording in the request, but did not receive clarification from the requester. On appeal, during mediation, the city offered a re-formulation of the request, based on what it believed the requester could be asking for. The requester rejected this offer, and asked that his file be moved to adjudication. In this order, the adjudicator finds that the appellant’s representations do not establish that he assisted the city with clarifying or confirming the scope of his request. As a result, she dismisses the appeal.

The City of Guelph received a request under the Act for access to information relating to the sale of the District Energy system. The city denied access to the information at issue under section 10(1) (third party information). In this order, the adjudicator finds that the information at issue is not exempt under section 10(1) and orders it disclosed.

The appellant sought access to records from the OPP pertaining to an investigation it conducted regarding Correctional Service Canada’s use of a cell-site simulator at the penitentiary at which the appellant worked. The appellant also challenged the reasonableness of the search for a videotape of his interview with a named OPP detective. The ministry released some information to the appellant but relied on a number of exemptions under the Act to deny access to the portions it withheld. The ministry also took the position that it conducted a reasonable search for the videotape, but none could be found. In this order the adjudicator partly upholds the ministry’s decision. He finds that the ministry conducted a reasonable search for the videotape, but that certain claimed exemptions do not apply to some withheld information. He orders that this information be disclosed to the appellant.

The ministry received a request under the Act for records including occurrence reports, officer notes, emails and reports that involve the appellant for a specified time period. Ultimately, after receiving consent to disclose personal information from one affected party, the ministry issued a decision providing access to some information but withholding information pursuant to section 49(b) (personal privacy) and section 49(a) read with sections 14(1)(c) and 14(1)(l) (law enforcement). In this order, the adjudicator upholds the ministry’s decision and dismisses the appeal.

The Ministry of Municipal Affairs and Housing (the ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to records relating to the withdrawals of land from the Greenbelt Plan. To date, the ministry has not issued a final access decision in response to the request. An appeal was made to the IPC and Appeal file PA23-00098 was opened to determine the issue of the ministry’s deemed refusal under section 29(4) of the Act.

In light of the Auditor General’s observations in her Special Report on Changes to the Greenbelt, the appeal file was moved to the adjudication stage. In this interim order, the adjudicator finds that the Auditor General’s observations regarding the use of personal email accounts by political staff and their record retention practices, provide reasonable grounds for the belief that records responsive to the appellant’s request may be irretrievably lost or destroyed. Accordingly, the adjudicator orders the ministry to take steps to secure the preservation and recovery of responsive records within its custody or control, in accordance with its duties set out in section 10.1 of the Act and the Archives and Recordkeeping Act, 2006.