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.