ORDER P-304
Appeal 900128 and 900137
Ministry of Financial Institutions
O R D E R
This is a final order which disposes of the remaining issues from Interim Order 134 and the issues raised by a subsequent request made to the Ministry of Financial Institutions (the "institution") by the same appellant.
BACKGROUND:
The scope of one of the requests dealt with in this order was determined by Interim Order 134, wherein the requested records were defined as follows:
the file associated with the legal proceedings against the appellant and Trans-Canada Automobile League Limited;
the file associated with the judicial review proceedings that followed the above-noted proceedings; and
the file associated with the appeal of the above-noted proceedings.
The other request was submitted to the institution under the Freedom of Information and Protection of Privacy Act (the "Act") for access to the files of a number of institution employees and departments from the year 1975 in respect of matters pertaining to insurance.
The institution granted partial access to the records responsive to both requests, claiming exemptions pursuant to sections 12, 13, 14, 15, 17, 19, 21 and 22 of the Act. The appellant appealed the institution's decisions.
Mediation of these appeals was not successful, and the matters proceeded to inquiry. Notice that an inquiry was being conducted to review the decision of the head was sent to the appellant, the institution and one person identified in the record (the "affected party"). Enclosed with each notice was a report prepared by an Appeals Officer, intended to assist the parties in making their representations concerning the subject matter of the appeal. Representations were received from the institution, the appellant and the affected party.
During the course of the inquiry, the institution disclosed a number of records to the appellant, and clarified its application of exemptions to each of the records which were not disclosed. The institution abandoned its claims under section 22. For ease of reference, I have attached an appendix to this order which indicates the exemptions claimed by the institution and my final determination with respect to each record. Records 14, 15 and 16 were not provided to this office. The institution provided an outline of the steps taken in its search for these records, and I am satisfied that all reasonable efforts to locate Records 14, 15 and 16 were made by the institution.
ISSUES:
The issues arising in these appeals are:
A. Whether the mandatory exemption provided by section 12 of the Act applies.
B. Whether the discretionary exemption provided by section 13 of the Act applies.
C. Whether the discretionary exemption provided by section 15(b) of the Act applies.
D. Whether the discretionary exemption provided by section 19 of the Act applies.
E. Whether the discretionary exemption provided by section 14(2)(a) of the Act applies.
F. Whether the discretionary exemption provided by section 14(1)(d) of the Act applies.
G. Whether the mandatory exemption provided by section 17 of the Act applies.
H. Whether the information contained in the records qualifies as "personal information" as defined in section 2(1) of the Act.
I. Whether the mandatory exemption provided by section 21 of the Act applies.
SUBMISSIONS/CONCLUSIONS:
ISSUE A: Whether the mandatory exemption provided by section 12 of the Act applies.
In its representations, the institution claims that section 12(1)(d) of the Act applies to Records N56, N57, and N58. Section 12(1)(d) reads:
A head shall refuse to disclose a record where the disclosure would reveal the substance of deliberations of an Executive Council or its committees, including,
a record used for or reflecting consultation among ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy;
The institution submits that Records N56, N57 and N58 reflect consultations that took place between a former Minister of Consumer and Commercial Relations and the former Premier of Ontario respecting government policy on guidelines for group insurance and auto clubs.
In Order