PO-4463

Collection
Access to Information Orders
Date
File Numbers
PA21-00511
Adjudicators
Justine Wai
Decision Type
Order
Applicable Legislation
FIPPA - 2 head
FIPPA - 22(a)
FIPPA - 24(3)
FIPPA - 31(b)
FIPPA - 32(c)
FIPPA - 35(1)
FIPPA - 36(2)
FIPPA - 62(1)
FIPPA - Regulation 460
Ontario Colleges of Applied Arts and Technology Act, 2002
Ontario Regulation 34/03 - s. 4(6)
Ontario Regulation 34/03 - s. 4(8)

The appellant made a continuing access request under the Act to the ministry for the current business contact information for the heads of two named colleges, clarified as the chairs of the boards of governors. The ministry issued a decision to the appellant denying access to the requested information under section 22(a), claiming the information is publicly available. The appellant appealed the ministry’s decision. During mediation, the appellant claimed the ministry failed to fulfil its obligations under sections 31(b) (publication of information re institutions), 32(c) (publication of types of records of the institution), 35(1) (documents made available), and 36(2) (annual review) of the Act. In this order, the adjudicator finds the discretionary exemption in section 22(a) does not apply to the requested information and orders the ministry to disclose it to the appellant. Accordingly, she finds the appellant’s request qualifies for continuing access under section 24(3) of the Act and orders the ministry to provide the appellant with a proposed schedule for continuing access. In addition, the adjudicator finds the ministry fulfilled its obligations under sections 31(b), 32(c), 35(1) and 36(2) of the Act.