MO-4545

Collection
Access to Information Orders
Date
File Numbers
MA21-00163
Adjudicators
Katherine Ball
Decision Type
Order
Applicable Legislation
MFIPPA - 2(1) personal information
MFIPPA - 14(1)
MFIPPA - 17
MFIPPA - 38(b)
MFIPPA - 52(3)3

The Toronto Transit Commission (the TTC) received a multi-part request under the Act for records relating to its investigation into the requester’s complaint and to information about transit fare enforcement and revenue. The TTC granted partial access to responsive records, withholding portions on the basis of the exemptions in sections 14(1) (personal privacy) and 38(b) (discretion to refuse requester’s own information) of the Act. The TTC denied access to the investigation file claiming the exclusion in section 52(3)3 (employment or labour relations). In addition, the TTC stated that other requested records did not exist. The requester appealed the TTC’s decision to pursue access to the withheld information and records and stated that additional records ought to exist.
In this order, the adjudicator upholds the TTC’s search as reasonable. The adjudicator finds that the exclusion in section 52(3)3 applies to the investigation file. In addition, the adjudicator upholds the TTC’s decision to withhold portions of the records because they are exempt under section 14(1) and section 38(b). She dismisses the appeal.