Access to Information Orders

Decision Information

Summary:

ORDER The Regional Municipality of Ottawa-Carleton (the Municipality) received a request under the Municipal Freedom of Information and Protection of Privacy Act for access to copies of all records relevant and/or related to a reference made by the Chairman of the Municipality in correspondence with the requester. The requester indicated that the records requested should include any and all records relating to the reference in the correspondence and/or records relating to the requester. Following clarification of the request, the Municipality provided the requester with a copy of four records. The requester appealed the Municipality's decision on the basis that additional records responsive to the request should exist. Mediation of the appeal was not successful, and notice that an inquiry was being conducted to review the Municipality's decision was sent to the appellant and the Municipality. Written representations were received from both parties. The sole issue to be determined in this appeal is whether the Municipality's search for records responsive to the request was reasonable. In response to the Notice of Inquiry, the Municipality has provided written representations and four affidavits. The affidavits are signed by the Staff Assistant to the Regional Chairman, the Freedom of Information Coordinator, the Administrative Assistant in the Office of the Regional Chair and the Corporate Records Manager. The affidavits outline the filing procedures of the Municipality, the steps taken to locate any responsive records in its custody or control, and identify that the searches failed to produce any additional responsive records. Having carefully reviewed the representations of both parties, and the affidavit evidence submitted to me, I am satisfied that the Municipality has taken all reasonable steps to locate any records responsive to the appellant's request, and that the search conducted by the Municipality was reasonable in the circumstances of this appeal. Original signed by: Holly Big Canoe, Inquiry Officer March 30, 1993

Decision Content

 

ORDER M-112

 

Appeal M-910445

 

The Regional Municipality of Ottawa-Carleton


                                             ORDER

 

 

 

The Regional Municipality of Ottawa-Carleton (the Municipality) received a request under the Municipal Freedom of Information and Protection of Privacy Act for access to copies of all records relevant and/or related to a reference made by the Chairman of the Municipality in correspondence with the requester.  The requester indicated that the records requested should include any and all records relating to the reference in the correspondence and/or records relating to the requester.  Following clarification of the request, the Municipality provided the requester with a copy of four records.

 

The requester appealed the Municipality's decision on the basis that additional records responsive to the request should exist.  Mediation of the appeal was not successful, and notice that an inquiry was being conducted to review the Municipality's decision was sent to the appellant and the Municipality.  Written representations were received from both parties.

 

The sole issue to be determined in this appeal is whether the Municipality's search for records responsive to the request was reasonable.

 

In response to the Notice of Inquiry, the Municipality has provided written representations and four affidavits.  The affidavits are signed by the Staff Assistant to the Regional Chairman, the Freedom of Information Coordinator, the Administrative Assistant in the Office of the Regional Chair and the Corporate Records Manager.  The affidavits outline the filing procedures of the Municipality, the steps taken to locate any responsive records in its custody or control, and identify that the searches failed to produce any additional responsive records.

 

Having carefully reviewed the representations of both parties, and the affidavit evidence submitted to me, I am satisfied that the Municipality has taken all reasonable steps to locate any records responsive to the appellant's request, and that the search conducted by the Municipality was reasonable in the circumstances of this appeal.

 

 

 

 

 

 

 

 

Original signed by:                                                                March 30, 1993         

Holly Big Canoe

Inquiry Officer

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.