Information and Privacy Commissioner of Ontario Upholds Appeal, Orders Search for Responsive Records

The Information and Privacy Commissioner of Ontario has issued a decision in appeal MA23-00017, upholding the county's interpretation of the scope of the request, in part, but finding that the county's search for responsive records was not reasonable in one respect. The county received a detailed request under the Municipal Freedom of Information and Protection of Privacy Act (the Act) for access to records related to a notice issued by the county. The county advised that there were no responsive records, but the adjudicator allowed the appeal, in part, ordering the county to conduct a search for responsive records.

Key Takeaways:

• The county was correct in interpreting the request as not being one for individual councillor's records, and as being for communications between County Council and various individuals.
• However, the county should have interpreted the request more liberally in the circumstances, as being one for all communications about the subject matter involving each of the named county staff and one or more of the various others listed.
• The adjudicator ordered the county to conduct a search for responsive records on this basis, treating the date of this order as the date of the request for the purposes of the procedural requirements of the Act.
• Records that are located must be issued an access decision, and the county is not permitted to rely on the time extension provision in section 20 of the Act.
• The adjudicator upheld the county's interpretation of the scope of the request in part, but found that the county's interpretation of the request was narrow in one respect, regarding communications involving the named county staff and one or more other parties, related to the county's Notice of the Howe Island Ferry lane reduction dated October 3, 2022.
• The adjudicator ordered the county to conduct a search in response to that aspect of the request.

Statistics:

• 1. 10 consultations were held with the county and the appellant regarding this appeal.
• The county received a detailed request under the Municipal Freedom of Information and Protection of Privacy Act (the Act) for access to records related to a notice issued by the county.
• The county advised that there were no responsive records, but the adjudicator allowed the appeal, in part, ordering the county to conduct a search for responsive records.
• October 3, 2022, is the date of the county's Notice of the Howe Island Ferry lane reduction.

Sources:

• Municipality of Frontenac, County of Ontario.
• Information and Privacy Commissioner of Ontario, April 19, 2024, Decision, MA23-00017, OVERVIEW and ISSUES section.
• Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended, section 17.