This investigation was initiated as a result of a complaint concerning the Workplace Safety and Insurance Board (the Board).
The complainant was concerned that the Board had improperly disclosed her personal information in a press release, and in particular that the press release had been posted on the Board's Internet web site. The complainant believed that this disclosure was contrary to the Freedom of Information and Protection of Privacy Act (the Act).
The Board is responsible for administering the province's workplace safety and insurance system established under the Workplace Safety and Insurance Act (WSIA). The system provides compulsory, employer financed, "no-fault" accident insurance to workers in Ontario.
WSIA provides for a number of offences and penalties under section 151(1) for failure to register with the Board as required, and under section 152(3) for failure to report an accident.
Section 157 of WSIA makes these failures an offence for both the corporation and/or its directors and officers. It reads as follows:
If a corporation commits an offence under this Act, every director or officer of the corporation who knowingly authorized, permitted or acquiesced in the commission of the offence is guilty of an offence, whether or not the corporation has been prosecuted or convicted.
If the person is convicted, section 158 of WSIA provides for a fine against the corporation and a fine and/or imprisonment against the individual.
The complainant is the sole owner of a company. The Board issued a press release concerning charges laid against the complainant and the company, and also posted this press release on its Internet web site. This information consisted of the complainant's name, age, home address, the registered name of the company, the operating name of the company, the address of the company, and information regarding charges laid against the complainant and the company for violations of WSIA including the complainant's plea of guilty, conviction and the amount of the fine.