Access to Information Orders
Decision Information
This is an appeal from a decision of the Toronto District School Board (the Board), under the Municipal Freedom of Information and Protection of Privacy Act (the Act ). The requester (now the appellant) sought access to certain records relating to a public school in Toronto and the anticipated lease of that school to another party, including: [a] copy of the demographic analysis of the surrounding community prepared by Facility Services of TDSB in relation to the closure of [a named public school] and the determination of the long-term requirements for student accommodation in the community as required by the Administrative Procedures under G.05 of the Policy of TDSB for Leasing of Surplus Properties. [emphasis in original] The Board located records responsive to the request and provided access to some of them, but denied access to the demographic report prepared by a consultant, based on the application of the discretionary exemptions in sections 7 (advice or recommendations) and 11 (economic interests of an institution) of the Act , and the mandatory exemption in section 10 (third party information). The appellant appealed from the decision of the Board. During the course of mediation through this office, certain issues were narrowed or clarified. The only record in dispute is the demographic analysis prepared for the Board by a consultant. The Board indicates that it is relying on sections 7(1), 10(1) and 11(a), (c), (d), (e), (f) and (g) with respect to this record. I sent a Notice of Inquiry to the Board, initially, and to an affected party (the consultant), inviting them to submit representations on the facts and issues raised by this appeal. I received representations from both. The Board objected to the sharing of its representations with the appellant and, in Interim Order MO-1612-I, I ruled on the Board's request to withhold them. I subsequently provided the appellant with portions of the Board's representations, and he has submitted representations in response.
Decision Content
NATURE OF THE APPEAL:
This is an appeal from a decision of the Toronto District School Board (the Board), under the Municipal Freedom of Information and Protection of Privacy Act (the Act). The requester (now the appellant) sought access to certain records relating to a public school in Toronto and the anticipated lease of that school to another party, including: