Access to Information Orders

Decision Information

M-816

Collection Access to Information Orders
Date 1996-08-06
Type Order
Applicable Legislation MFIPPA; MFIPPA - 38(b)
Summary:

Order M-796, I ordered the Toronto Board of Education (the Board) to provide me with written representations addressing the application of section 38(b) of the Municipal Freedom of Information and Protection of Privacy Act (the Act ) to Records 241, 244, 245, 246, 247, 250, 273, 276, 279, 297, 308, 309, 310, 312, 314, 326, 327, 340, 343, 351, 370, 379, 391, 398 and 406 and the Board's copy of Record 287 by July 12, 1996 . I indicated that I would remain seized of the issue of the application of this exemption to these records. On July 11, 1996, the Board indicated to me that it has decided not to pursue any further representations under section 38(b) of the Act . In Order M-796, I found that, based on the information provided to me at that time, part of Record 244 qualifies for exemption under section 38(b) of the Act . Having received no further representations on this issue from the Board, I confirm this finding. ORDER: 1. I order the Board to disclose Records 241, 245, 246, 247, 250, 273, 276, 279, 297, 308, 309, 310, 312, 314, 326, 327, 340, 343, 351, 370, 379, 391, 398 and 406 and those parts of Record 244 which are not highlighted in the copy of the records sent to the Board with Order M-796, to the appellant by sending him a copy of these records by August 26, 1996 . 2. I uphold the Board's decision not to disclose the remaining part of Record 244. 3. In order to verify compliance with the provisions of this order, I reserve the right to require the Board to provide me with a copy of the records which are disclosed to the appellant pursuant to Provision 1. Original signed by: Holly Big Canoe, Inquiry Officer August 6, 1996

Decision Content

FINAL ORDER M-816

 

Appeals M_9400377 and M_9500139

 

Toronto Board of Education

 

 

In Provision 3 of Order M-796, I ordered the Toronto Board of Education (the Board) to provide me with written representations addressing the application of section 38(b) of the Municipal Freedom of Information and Protection of Privacy Act (the Act) to Records 241, 244, 245, 246, 247, 250, 273, 276, 279, 297, 308, 309, 310, 312, 314, 326, 327, 340, 343, 351, 370, 379, 391, 398 and 406 and the Board’s copy of Record 287 by July 12, 1996.  I indicated that I would remain seized of the issue of the application of this exemption to these records.

 

On July 11, 1996, the Board indicated to me that it has decided not to pursue any further representations under section 38(b) of the Act.

 

In Order M-796, I found that, based on the information provided to me at that time, part of Record 244 qualifies for exemption under section 38(b) of the Act.  Having received no further representations on this issue from the Board, I confirm this finding.

 

ORDER:

 

1.         I order the Board to disclose Records 241, 245, 246, 247, 250, 273, 276, 279, 297, 308, 309, 310, 312, 314, 326, 327, 340, 343, 351, 370, 379, 391, 398 and 406 and those parts of Record 244 which are not highlighted in the copy of the records sent to the Board with Order M-796, to the appellant by sending him a copy of these records by August 26, 1996.

 

2.         I uphold the Board’s decision not to disclose the remaining part of Record 244.

 

3.         In order to verify compliance with the provisions of this order, I reserve the right to require the Board to provide me with a copy of the records which are disclosed to the appellant pursuant to Provision 1.

 

 

 

 

 

 

 

 

 

Original signed by:                                                                            August 6, 1996                     

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.