Access to Information Orders
Decision Information
NATURE OF THE APPEAL: This is an appeal under the Freedom of Information and Protection of Privacy Act (the Act ). On April 15, 2003, the requester submitted a request to the Ministry of Health and Long-Term Care (the Ministry) for; "The agenda and the minutes of the following two committees: Federal/Provincial/Territorial Coordinating Committee on Genetics and Health; and Interprovincial Health Insurance Agreements Coordinating Committee(including its predecessor the Federal-Provincial/Territorial Coordinating Committee on Reciprocal Billing)." Section 26 of the Act requires the Ministry to issue a decision within 30 days of receipt of a request. If a decision is not issued within that time period, the Ministry is in a "deemed refusal" situation pursuant to subsection 29(4) of the Act . That provision states: A head who fails to give the notice required under section 26 or subsection 28(7) concerning a record shall be deemed to have given notice of refusal to give access to the record on the last day of the period during which notice should have been given. The Ministry did not issue a decision within the 30 days, nor did it request a time extension to process the request under section 27(1) of the Act . Accordingly, the Ministry placed itself in a "deemed refusal" situation pursuant to section 29(4) of the Act . On April 23, 2003, the Ministry wrote to the appellant acknowledging receipt of his request on April 22, 2003. On June 6, 2003 the requester (now the appellant) wrote to the Information and Privacy Commissioner/Ontario (IPC) indicating the Ministry had not responded to his request under the Act . On June 13, 2003, a Notice of Inquiry was issued to both the appellant and the Ministry stating that the Ministry was in a deemed refusal situation. The Notice also advised that if a decision was not issued by June 27, 2003, I would be in a position to issue an order requiring the Ministry to provide a decision letter to the appellant. On June 18, 2003, I spoke with a Program Advisor in the Freedom of Information Unit at the Ministry of Health and Long-Term Care who indicated he was hoping to have a decision out by the June 27, 2003 deadline. On July 3, 2003, the Program Advisor contacted me and indicated a decision had not been issued. In addition, he could not provide a definitive answer regarding when a decision would be issued. ORDER: I order the Ministry to issue a decision letter to the appellant regarding access to the records in accordance with the Act and without recourse to a time extension, no later than July 17, 2003. In order to verify compliance with Provision 1 of this Order, I order the Ministry to provide me with a copy of the decision letter referred to in Provision 1 by July 17, 2003. This should be forwarded to my attention, c/o Information and Privacy Commissioner/Ontario, 80 Bloor Street West, Suite 1700, Toronto, Ontario, M5S 2V1. Original signed by: Enza Ragone Acting Adjudicator July 10, 2003
Decision Content
NATURE OF THE APPEAL:
This is an appeal under the Freedom of Information and Protection of Privacy Act (the Act).
On April 15, 2003, the requester submitted a request to the Ministry of Health and Long-Term Care (the Ministry) for;
“The agenda and the minutes of the following two committees:
- Federal/Provincial/Territorial Coordinating Committee on Genetics and Health; and
- Interprovincial Health Insurance Agreements Coordinating Committee (including its predecessor the Federal-Provincial/Territorial Coordinating Committee on Reciprocal Billing).”
Section 26 of the Act requires the Ministry to issue a decision within 30 days of receipt of a request. If a decision is not issued within that time period, the Ministry is in a “deemed refusal” situation pursuant to subsection 29(4) of the Act. That provision states:
A head who fails to give the notice required under section 26 or subsection 28(7) concerning a record shall be deemed to have given notice of refusal to give access to the record on the last day of the period during which notice should have been given.
The Ministry did not issue a decision within the 30 days, nor did it request a time extension to process the request under section 27(1) of the Act. Accordingly, the Ministry placed itself in a "deemed refusal" situation pursuant to section 29(4) of the Act.
On April 23, 2003, the Ministry wrote to the appellant acknowledging receipt of his request on April 22, 2003.
On June 6, 2003 the requester (now the appellant) wrote to the Information and Privacy Commissioner/Ontario (IPC) indicating the Ministry had not responded to his request under the Act.
On June 13, 2003, a Notice of Inquiry was issued to both the appellant and the Ministry stating that the Ministry was in a deemed refusal situation. The Notice also advised that if a decision was not issued by June 27, 2003, I would be in a position to issue an order requiring the Ministry to provide a decision letter to the appellant.
On June 18, 2003, I spoke with a Program Advisor in the Freedom of Information Unit at the Ministry of Health and Long-Term Care who indicated he was hoping to have a decision out by the June 27, 2003 deadline.
On July 3, 2003, the Program Advisor contacted me and indicated a decision had not been issued. In addition, he could not provide a definitive answer regarding when a decision would be issued.
ORDER:
1. I order the Ministry to issue a decision letter to the appellant regarding access to the records in accordance with the Act and without recourse to a time extension, no later than July 17, 2003.
2. In order to verify compliance with Provision 1 of this Order, I order the Ministry to provide me with a copy of the decision letter referred to in Provision 1 by July 17, 2003. This should be forwarded to my attention, c/o Information and Privacy Commissioner/Ontario, 80 Bloor Street West, Suite 1700, Toronto, Ontario, M5S 2V1.
Original signed by: July 10, 2003