ORDER PO-1672
Appeal PA‑990113‑1
Ministry of Health
NATURE OF THE APPEAL:
This is an appeal under the Freedom of Information and Protection of Privacy Act (the Act). The requester asked the Ministry of Health (the Ministry) for access to the number and disposition of claims submitted by acoustic neuroma patients to the Ontario Health Insurance Plan for reimbursement of out of province treatment by gamma knife procedure in the United States and other countries. The request is dated September 30, 1998 and was received by the Ministry on October 13, 1998.
On October 15, 1998, the Ministry sent the requester a letter acknowledging receipt of the request and indicating that the Ministry had opened a file for the request on October 15, 1998. The Ministry stated that they anticipated providing the requester with a decision by November 14, 1998.
The Ministry did not issue a decision letter to the requester as required by sections 26 and 29 of the Act within the 30 days prescribed by the Act, nor did the Ministry 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 March 16, 1999 the requester (now the appellant) appealed the Ministry’s deemed refusal to provide access to the records.
On April 7, 1999, the Ministry and the appellant were each sent a Notice of Inquiry. The Notice stated that the Ministry was in a “deemed refusal” situation because a decision letter had not been issued to the appellant within the time period set out in section 26 of the Act. The Notice also indicated that I would attempt to settle the appeal but if a settlement was not reached by April 21, 1999 I would be in the position to issue an order requiring the Ministry to issue a decision letter to the appellant.
Section 26 of the Act states that an institution shall issue a decision to a requester within 30 days of receipt of the request. In this case, the Ministry received the request on October 13, 1998.
I contacted the Ministry on several occasions to ascertain if they would be issuing a decision letter to the appellant. I was advised that the Ministry was waiting for a response from one of their program areas. The Ministry provided no other explanation regarding why a decision letter had not been issued. To date, the Ministry has not issued a decision letter to the appellant.
Given the above, I am ordering the Ministry to issue a decision letter to the appellant with respect to his request for records.
ORDER:
I order the Ministry to provide the appellant with a decision on access to the records responsive to the request of September 30, 1998 by May 7, 1999, without recourse to a time extension.
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 May 10, 1999. 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: April 28, 1999
Janice E. Nemeth
Acting Adjudicator