Access to Information Orders
Decision Information
NATURE OF THE APPEAL: Management Board Secretariat (MBS) received a request under the Freedom of Information and Protection of Privacy Act (the Act ) for access to the insured benefits of Ontario Pubic Service (OPS) retirees. Specifically, the requester sought access to the following information: Master Group Insurance Contract for the insured benefits of all Ontario government retirees with respect to all benefits and all amendments to date from the Effective Date of the Master Policy. Plan test for uninsured benefits of all Ontario government retirees with respect to all benefits and all amendments from the Effective Date of the Master Policy. Financial Report or equivalent prepared by the insurance carrier for Ontario government retiree benefits for the last five complete policy years for both insured and uninsured benefits. Great West Life "Ben Reports" for Ontario government retiree benefits for the last five complete policy years by every division or subdivision for the Health and Dental Benefits. Underwriting Agreement or equivalent in effect with respect to Ontario government retiree benefits for each of the past five complete years for all benefits, whether insured or uninsured. Recommended funding levels (annual renewal letter) for the insurance carrier for Ontario government retiree benefits for each of the last five complete policy years by benefit, whether insured or uninsured. MBS located a number of responsive records and denied access to all of them on the basis that section 65(6)3 applies and they are outside the jurisdiction of the Act . The requester, now the appellant, appealed the decision. Mediation was unsuccessful and the appeal was moved to the adjudication stage. I sent a Notice of Inquiry to MBS initially, setting out the facts and issues in this appeal. MBS provided representations in response. I then sent a copy of the Notice along with the representations provided by MBS to the appellant, who also provided representations. RECORDS: There are five categories of records at issue in this appeal. Category 1: The master group insurance contract for the insured benefits of all Ontario government pensioners and all amendments, as well as the plan test for uninsured benefits of all Ontario government retirees with respect to all benefits and all amendments. Category 2: The financial report prepared by the insurance carrier for Ontario government pensioner benefits for the last five complete policy years for both insured and uninsured benefits. Category 3: The insurance carrier's summary of benefits for Ontario government retiree benefits for the last five complete policy years by division for the Health and Dental Benefits. Category 4: The underwriting agreements between the Ontario government and the insurance carrier for each of the past five complete policy years for all benefits. Category 5: The annual group insurance rates review from the Ontario government to the insurance carrier for Ontario government retiree benefits for each of the past five complete policy years by benefit. DISCUSSION: Introduction The sole issue to be addressed by this order is whether the records are excluded from the Act by application of section 65(6)3, which reads: Subject to subsection (7), this Act does not apply to records collected, prepared, maintained or used by or on behalf of an institution in relation to any of the following: Meetings, consultations, discussions or communications about labour relations or employment-related matters in which the institution has an interest. In order to fall within the scope of paragraph 3 of section 65(6), MBS must establish that: the records were collected, prepared, maintained or used by MBS or on its behalf; and this collection, preparation, maintenance or usage was in relation to meetings, consultations, discussions or communications; and these meetings, consultations, discussions or communications are about labour relations or employment-related matters in which MBS has an interest. Section 65(6) is record-specific and fact-specific. If section 65(6)3 applies to the records, and none of the exceptions found in section 65(7) apply, section 65(6)3 has the effect of excluding records from the scope of the Act . The appellant has no right of access to records which are outside the ambit of the Act pursuant to section 65(6)3. Part One: collected, prepared, maintained or used In its representations, MBS addresses the requirements of section 65(6)3 separately for each category of records Category 1 - Master group insurance contract and plan test for uninsured benefits MBS states that the records in this category consist of the policy and schedules that provide the terms under which the insurer is required to process and pay out certain benefits to retired members of the OPS. MBS submits that these records are prepared jointly by MBS and the insurer and are subject to frequent revision as employee benefits policies are charged. MBS also submits that both MBS and the insurer use these records to administer the pensioner benefits program. Category 2 - Financial reports prepared by the insurance company MBS submits that this category of records consists of the annual accounting of the total benefit claims made by employees and pensioners, amounts expended by the insurer in paying out benefit claims and other administrative costs. MBS submits that "the financial reports are prepared by the insurance company on behalf of [MBS]" and that they are "'collected' by [MBS] for the purpose of administering employee compensation programs". Category 3 - "Ben Reports" prepared by the insurance company MBS describes the records in Category 3 as "detailed financial reports prepared by the insurance company that provide a line-item accounting of all pensioner benefits claims processed by the insurance company in accordance with the Master Group policy and underwriting agreement." MBS submits that the records are prepared and maintained on behalf of MBS by the insurer and then "routinely supplied to MBS in order to enable MBS to monitor benefits usage and administer the employee and pensioner benefits programs". Category 4 - Underwriting Agreement MBS submits that the Underwriting Agreement is a contract between the insurance company and MBS that outlines the compensation terms and other conditions under which the insurance company is retained to administer the processing and payment of OPS employee and pensioner benefits. Category 5 - Annual renewal letter - recommending funding levels MBS submits: Each year MBS reviews the previous year's benefits expenditures and projects the upcoming year's benefits costs. Consequently, payments made by MBS to the insurance company are adjusted according to forecast expenditures. MBS communicates the payment adjustments to the insurance company through an annual renewal letter. In this regard, the annual renewal letter is "prepared" by the ministry. The appellant's re
Decision Content
NATURE OF THE APPEAL:
Management Board Secretariat (MBS) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to the insured benefits of Ontario Pubic Service (OPS) retirees. Specifically, the requester sought access to the following information:
- Master Group Insurance Contract for the insured benefits of all Ontario government retirees with respect to all benefits and all amendments to date from the Effective Date of the Master Policy.
- Plan test for uninsured benefits of all Ontario government retirees with respect to all benefits and all amendments from the Effective Date of the Master Policy.
- Financial Report or equivalent prepared by the insurance carrier for Ontario government retiree benefits for the last five complete policy years for both insured and uninsured benefits.
- Great West Life “Ben Reports” for Ontario government retiree benefits for the last five complete policy years by every division or subdivision for the Health and Dental Benefits.
- Underwriting Agreement or equivalent in effect with respect to Ontario government retiree benefits for each of the past five complete years for all benefits, whether insured or uninsured.
- Recommended funding levels (annual renewal letter) for the insurance carrier for Ontario government retiree benefits for each of the last five complete policy years by benefit, whether insured or uninsured.
MBS located a number of responsive records and denied access to all of them on the basis that section 65(6)3 applies and they are outside the jurisdiction of the Act.
The requester, now the appellant, appealed the decision.
Mediation was unsuccessful and the appeal was moved to the adjudication stage. I sent a Notice of Inquiry to MBS initially, setting out the facts and issues in this appeal. MBS provided representations in response. I then sent a copy of the Notice along with the representations provided by MBS to the appellant, who also provided representations.
RECORDS:
There are five categories of records at issue in this appeal.
Category 1: The master group insurance contract for the insured benefits of all Ontario government pensioners and all amendments, as well as the plan test for uninsured benefits of all Ontario government retirees with respect to all benefits and all amendments.
Category 2: The financial report prepared by the insurance carrier for Ontario government pensioner benefits for the last five complete policy years for both insured and uninsured benefits.
Category 3: The insurance carrier’s summary of benefits for Ontario government retiree benefits for the last five complete policy years by division for the Health and Dental Benefits.
Category 4: The underwriting agreements between the Ontario government and the insurance carrier for each of the past five complete policy years for all benefits.
Category 5: The annual group insurance rates review from the Ontario government to the insurance carrier for Ontario government retiree benefits for each of the past five complete policy years by benefit.
DISCUSSION:
Introduction
The sole issue to be addressed by this order is whether the records are excluded from the Act by application of section 65(6)3, which reads:
Subject to subsection (7), this Act does not apply to records collected, prepared, maintained or used by or on behalf of an institution in relation to any of the following:
Meetings, consultations, discussions or communications about labour relations or employment-related matters in which the institution has an interest.