The Information and Privacy Commissioner Ontario issued ORDER MO-3934-I regarding the Municipal Freedom of Information and Protection of Privacy Act request to the town for correspondence regarding the police costing from the town’s CAO (and his staff) to the OPP.
- I order the town to conduct a further electronic search in response to the appellant’s request using the email addresses of the EA and any other staff in the CAO’s office.
- I order the town to conduct a further search of its electronic and paper record holdings for records that may flow from the May 8, 2017 email referred to in paragraph 24 of this order.
- I order the town to provide me with an affidavit sworn by the individual(s) who conduct(s) the further searches by August 10, 2020 describing its search efforts. The affidavit(s) should include the following information:
- the names and positions of the individuals who conducted the searches;
- information about the types of files searched, the nature and location of the search(es) and the steps taken in conducting the search(es);
- the results of the search(es); and,
- if the search described in order provision 2 does not yield any further results, an explanation.
- The information should be provided by way of representations with the affidavit that may be shared with the appellant unless there is an overriding confidentiality concern.
- If the town locates additional responsive records as a result of its further search, I order it to issue an access decision to the appellant in accordance with the requirements of this Act , treating the date of this order as the date of the request.
- I reserve the right to require the town to provide me with a copy of the information it discloses to the appellant in accordance with this order.
- I remain seized of this appeal to deal with: any outstanding issues arising from order provisions 1 to 3; and, if the parties are unable to resolve them, any additional time that may be required by the town to comply with the order due to the current COVID-19 situation.
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