Dernières décisions

The Ministry of Health received a request under the Act for access to records pertaining to its review of the requester’s OHIP billing. The ministry decided to grant the requester partial access to responsive records relying on the law enforcement exemption in section 14(1) and the personal privacy exemption in section 21(1). The requester appealed the ministry’s decision, seeking access to the information withheld pursuant to section 14(1)(c). During mediation, it was agreed that because the records might contain the requester’s personal information, the discretionary exemption to refuse the requester’s own information in section 49(a), read with 14(1)(c), may apply.
In this order, the adjudicator finds that the exemption in section 49(a), read with 14(1)(c), applies to the information at issue. The adjudicator upholds the ministry’s decision to withhold the information that she finds exempt and dismisses the appeal.

Under the Act, the appellant sought access to a statement made by a third party to the York Regional Police Services Board (the police) concerning an incident that led to charges against the third party for assault of the appellant. The police denied the appellant access to any part of the statement on the basis its disclosure would be an unjustified invasion of the personal privacy of the third party.

In this interim order, the adjudicator finds that the requested statement contains the personal information of the third party and of the appellant, so that the relevant personal privacy exemption is section 38(b) of the Act. Section 38(b) is a discretionary exemption that permits, but does not require, an institution to refuse to disclose to a requester her own personal information. The police instead applied the personal privacy exemption as if it were a mandatory exemption, based on a fundamental misapprehension of the nature of the record and of the appellant’s greater right of access under the Act to a record of her own personal information. In the circumstances, the adjudicator orders the police to issue a new access decision to the appellant, having regard to the principles set out in this interim order. She remains seized of the appeal to address issues arising from the police’s new access decision.

The appellant submitted a request under the Act for OPP investigative records relating to a named individual. The ministry located responsive records and denied the appellant access to them. The ministry claimed the records were exempt under the mandatory personal privacy exemption in section 21(1) of the Act, among other exemptions. In this order, the adjudicator upholds the ministry’s decision, finding that all the records are exempt under section 21(1) of the Act. The appeal is dismissed.

The appellant seeks access to four videos featuring commentary by high school students prepared for an online civics course. The videos were made available to school boards across the province until they were removed following controversy surrounding one of them. The Ministry of Education denied access to the videos on the basis that they contain personal information belonging to the students that is exempt under the personal privacy exemption in section 21(1). In this order, the adjudicator finds that the presumptions against disclosure in sections 21(3)(d) (educational history) and 21(3)(h) (racial or ethnic origin or religious or political beliefs) apply to the videos and that they are therefore exempt from disclosure under section 21(1). She upholds the ministry’s decision and dismisses the appeal.

The appellant submitted a request for reconsideration of Order PO-4455, claiming jurisdictional defects and breaches of natural justice in the decision. In this reconsideration order, the adjudicator finds that the appellant has not established any of the grounds for reconsideration contemplated in section 18.01 of the IPC’s Code of Procedure and denies the reconsideration request.

In CYFSA Decision 11, the complainant, a former child in care, sought access under Part X of the Act for her entire file with the Family and Children’s Services Niagara (the service provider). The service provider granted the complainant partial access to two files relying on certain exemptions under the Act. Following a review, the adjudicator ordered the service provider to grant the complainant greater access to records contained in the complainant’s care file having found that the records in this file are dedicated primarily to the provision of a service to the complainant and that no exemption applied.

However, the adjudicator upheld the service provider’s decision to deny access to records contained in the protection file, finding that the exemption at section 312(1)(d)(iii) of the Act (identification of an individual who provided information explicitly or implicitly in confidence) applied.

The complainant requested reconsideration of CYFSA Decision 11. In this decision, the adjudicator finds that the complainant has not established any ground for reconsideration of the decision and denies the complainant’s request.

In CYFSA Decision 12, the complainant, a former child in care, 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 service provider granted the complainant partial access to two files relying on certain exemptions under the Act. The adjudicator ordered the service provider to grant the complainant greater access to records contained in the complainant’s care file having found that the records in this file are dedicated primarily to the provision of a service to the complainant and that no exemption applied.

However, the adjudicator upheld the service provider’s decision to deny access to records contained in the protection file, finding that the exemption at section 312(1)(d)(iii) of the Act (identification of an individual who provided information explicitly or implicitly in confidence) applied.

The complainant requested reconsideration of CYFSA Decision 12. In this decision, the adjudicator finds that the complainant has not established any ground for reconsideration of the decision and denies the complainant’s request.

The Workplace Safety and Insurance Board (the WSIB) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to recordings of WSIB phone calls for a particular claim number. The WSIB issued a decision stating that records responsive to the appellant’s request do not exist, claiming that the WSIB only retains phone call recordings for a 90-day period. The appellant appealed the WSIB’s decision to the Information and Privacy Commissioner of Ontario, because he believes recordings should exist. The appeal was transferred to the adjudication stage, where an adjudicator may conduct an inquiry under the Act.

Based on her review of the file, the adjudicator is satisfied that ordering the WSIB to conduct further searches would not yield any records because of the WSIB’s 90-day retention policy for recordings. In this order, the adjudicator exercises her discretion under section 52(1) of the Act to not conduct an inquiry and dismisses the appeal.

The requester sought access under the Act to records about a specific residential property in the City of Thunder Bay (the city). The city issued a decision denying access to some of the responsive records pursuant to section 12 (solicitor-client privilege) and some information under section 14(1) (personal privacy) of the Act. The city stated that it was charging a fee. The requester and the owners of the property appealed the city’s decision. The requester also appealed the city’s fee and claimed that the city had not conducted a reasonable search for responsive records.

In this order, the adjudicator partially upholds the application of section 14(1). She upholds the application of section 12. She does not uphold the fee. Finally, she orders the city to conduct another search for responsive records.

The complainant is a joint custodial parent of two minor children who received counselling services from the custodian, a doctor. Under PHIPA, the complainant made a request to the doctor for all communications between the doctor, the complainant, and the other joint custodial parent (the children’s father) regarding the children’s counselling services. The doctor denied the complainant’s request, including on the basis the responsive emails are not records of the children’s personal health information, and that the children’s father did not consent to release of the emails to the complainant.

The ministry submitted a request for reconsideration of Order PO-4411-F pursuant to section 18.01(a) of the IPC’s Code of Procedure, claiming fundamental defects in the decision. In this reconsideration order, the adjudicator finds that the ministry has not established a ground under section 18.01(a) for reconsideration and denies the reconsideration request.

An affected third party opposed disclosure of a record ordered disclosed by Order MO-4403. They submitted a request for reconsideration, claiming a defect pursuant to section 18.01(a) of the IPC’s Code of Procedure and submitted fresh submissions in support of their position against disclosure. The adjudicator finds that the grounds for reconsideration in section 18.01 have not been established and that the submission of additional representations does not establish a basis for reconsidering the order pursuant to section 18.02. The adjudicator denies the reconsideration request.

The appellant sought access, under the Act, to information from the Ministry of the Environment, Conservation and Parks (the ministry) related to the emission capacity of a proposed asphalt plant to be operated by the affected party. The ministry located a report containing this information and ultimately decided to grant access to it in full. The affected party appealed the ministry’s decision claiming that certain emission rate information is exempt under the mandatory third party information exemption in section 17(1) of the Act.

In this order, the adjudicator finds that the affected party has not established that section 17(1) applies to the report. She upholds the ministry’s decision to disclose the report to the appellant.

An affected third party opposed disclosure of a record ordered disclosed by Order MO-4403. They submitted a request for reconsideration of the order, claiming a defect pursuant to section 18.01(a) of the IPC’s Code of Procedure. The adjudicator finds that the grounds for reconsideration in section 18.01(a) have not been established and denies the reconsideration request.

The appellant sought access to the monthly number of internal disciplinary measures applied to members of the Sault Ste. Marie Police Services Board (the SSMPS) between January 2015 and April 2021. Relying on section 52(3)3 of the Act, SSMPS took the position that the responsive record is excluded from the scope of the Act. In this order the adjudicator finds that the Act does not apply to the record, upholds SSMPS’s decision and dismisses the appeal.