ORDER M-158
Appeal M-9300066
Metropolitan Toronto Licensing Commission
ORDER
BACKGROUND:
The Metropolitan Toronto Licensing Commission (the Commission) received a request pursuant to the Municipal Freedom of Information and Protection of Privacy Act (the Act) for access to all information held by the Commission which pertains to the requester and a business owned by the requester. The Commission located records responsive to the request and granted access in full to a portion of them, granted partial access to others, and denied access in total to the remainder. The Commission claimed the application of sections 8(1)(a), 8(2)(a), 12 and 14(1) of the Act to deny access in whole or in part. The requester appealed.
Mediation was not possible and notice that an inquiry was being conducted to review the decision of the Commission was forwarded to the Commission and the appellant. Representations were received from both parties.
In its representations, the Commission agreed to disclose to the appellant in full some of those records to which partial access had originally been granted, as well as several other records which had not been disclosed. The Commission also withdrew its claim for exemption to certain records under section 8(1)(a) and applied the provisions of sections 38(a) and (b) to other individual records.
PRELIMINARY ISSUES:
In its representations, the Commission submits that Records 36, 37, and 43 are not responsive to the appellant's request. I agree. Despite the very broad wording of the appellant's request, none of these three documents can be said to fall within any of the types of information indicated therein.
The three-page memo portion of Record 42 is duplicated by Record 151. The balance of Record 42 is not responsive to the request. Record 159 is a duplicate of Record 50. My decision on Records 42 and 50 will apply to their duplicates as well; I will not refer to Records 151 and 159 in this order.
ISSUES:
The issues arising in this appeal are:
A. Whether Records 42, 46, 50, 56, 59, 60, 65, 70, 71, 75, 76, 77, 79, 80, 81, 85, 86, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 103, 106, 107, 109, 110, 113, 116, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 132, 134, 147, 149, 150, 158, and 161, as well as the information which was not disclosed in Records 4, 6, 10, 139, 140, 141, 142, 143, 144 and 145 contain "personal information" as defined in section 2(1) of the Act.
B. Whether the discretionary exemptions provided by sections 12 and 38(a) of the Act apply to Records 46, 50, and portions of Records 51 and 52.
C. If the answer to Issue A is yes, and the personal information relates solely to individuals other than the appellant, whether the mandatory exemption provided by section 14 of the Act applies.
D. If the answer to Issue A is yes, and the personal information relates to the appellant and other individuals, whether the discretionary exemption provided by section 38(b) of the Act applies.
E. Whether the discretionary exemption provided by section 8(2)(a) of the Act applies to Records 42, 45,