Access to Information Orders

Decision Information

MO-1697

Collection Access to Information Orders
Date 2003-10-08
Type Order
Applicable Legislation MFIPPA; MFIPPA - 22(4)
Summary:

NATURE OF THE APPEAL: This is an appeal under the Municipal Freedom of Information and Protection of Privacy Act (the Act ). On July 16, 2003, the requester submitted a request to the City of Toronto (the City) for access to various records concerning a public competition, and the contract awarded related to a specific project. Section 19 of the Act requires the City to issue a decision within 30 days of receipt of a request. If a decision is not issued within the time limit, the City is in a "deemed refusal" situation pursuant to section 22(4) of the Act . That provision states: A head who fails to give the notice required under section 19 or subsection 21(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 City did not issue a decision within the 30 days prescribed by sections 19 and 22 of the Act, nor did the City advise the appellant in writing that it required a time extension to process the request under section 20(1) of the Act . Accordingly, the City placed itself in a "deemed refusal" situation pursuant to section 22(4) of the Act . On September 16, 2003, the requester (now the appellant) appealed the City's deemed refusal to provide access to the records, to the Office of the Information and Privacy Commissioner/ Ontario. On September 19, 2003, a Notice of Inquiry was issued to both the appellant and the City stating that the City was in a deemed refusal situation, as a letter had not been issued within the time period described by the Act. The Notice also advised that if this matter was not resolved by way of settlement by October 3, 2003, in my capacity as Acting-Adjudicator I would be in a position to issue an order requiring the City to provide a decision letter to the appellant. After several conversations, I was advised by the City that a decision would not be released by the October 3, 2003 deadline. The City was unable to provide me with a definitive date as to when the decision would be issued. ORDER: I order the City to issue a decision letter to the appellant regarding access to the records outlined in his request letter, in accordance with the Act and without recourse to a time extension, no later than October 15, 2003 . In order to verify compliance with the terms of Provision 1, I order the City to provide me with a copy of the decision letter by October 15, 2003 . The decision letter 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: Brian Bisson Acting-Adjudicator October 8, 2003

Decision Content

ORDER MO-1697

 

Appeal MA-030323-1

 

City of Toronto

NATURE OF THE APPEAL:

 

This is an appeal under the Municipal Freedom of Information and Protection of Privacy Act (the Act).

On July 16, 2003, the requester submitted a request to the City of Toronto (the City) for access to various records concerning a public competition, and the contract awarded related to a specific project.

 

Section 19 of the Act requires the City to issue a decision within 30 days of receipt of a request.  If a decision is not issued within the time limit, the City is in a “deemed refusal” situation pursuant to section 22(4) of the Act.  That provision states:

 

A head who fails to give the notice required under section 19 or subsection 21(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 City did not issue a decision within the 30 days prescribed by sections 19 and 22 of the Act, nor did the City advise the appellant in writing that it required a time extension to process the request under section 20(1) of the Act.  Accordingly, the City placed itself in a “deemed refusal” situation pursuant to section 22(4) of the Act.

 

On September 16, 2003, the requester (now the appellant) appealed the City’s deemed refusal to provide access to the records, to the Office of the Information and Privacy Commissioner/ Ontario.

 

On September 19, 2003, a Notice of Inquiry was issued to both the appellant and the City stating that the City was in a deemed refusal situation, as a letter had not been issued within the time period described by the Act.  The Notice also advised that if this matter was not resolved by way of settlement by October 3, 2003, in my capacity as Acting-Adjudicator I would be in a position to issue an order requiring the City to provide a decision letter to the appellant.

 

After several conversations, I was advised by the City that a decision would not be released by the October 3, 2003 deadline.  The City was unable to provide me with a definitive date as to when the decision would be issued.

 

ORDER:   

 

1.                  I order the City to issue a decision letter to the appellant regarding access to the records outlined in his request letter, in accordance with the Act and without recourse to a time extension, no later than October 15, 2003.

 

2.                  In order to verify compliance with the terms of Provision 1, I order the City to provide me with a copy of the decision letter by October 15, 2003.  The decision letter 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:                                                                                     October 8, 2003              

Brian Bisson

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