Order Po-4066
ORDER PO-4066 Appeals PA18-203, PA18-311, and PA18-312 Laurentian University September 16, 2020 Summary: Laurentian University (“Laurentian”) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to information relating to the salary and benefits of the presidents of three federated universities. The university denied access on the basis that the records are not in its custody or control and that, as a result, there is no right of access to them under the Act. The requester appealed. In this order, the adjudicator finds that the federated universities are not part of Laurentian for the purposes of the Act, and that the employment contracts of the presidents of the federated universities are not in Laurentian’s custody or control. However, she finds that some salary and benefit information of the federated universities’ presidents is found in other records that are in Laurentian’s custody or control, and orders Laurentian to issue an access decision with respect to those records. Statutes Considered: Freedom of Information and Protection of Privacy Act, ss. 2(1) (definition of “institution”), 10(1). Orders and Investigation Reports Considered: Orders PO-2775-R, MO-3141, MO-3142, MO-3143, MO-3144, MO-3145, MO-3146, P-239, PO-1725. Cases Considered: City of Toronto Economic Development Corporation v. Information and Privacy Commissioner/Ontario (TEDCO), 2008 ONCA 366. BACKGROUND [1] The appellant, an association that was represented for the purposes of these appeals by an individual, submitted three requests under the Freedom of Information and Protection of Privacy Act (FIPPA or the Act) to Laurentian University of Sudbury (Laurentian) for information relating to each of the presidents of three federated universities affiliated with Laurentian: the University of Sudbury, Huntington University and Thorneloe University.
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