REVIEW REPORT 133-2020
additional exemptions to continue to withhold other portions of the record. Highways
advised the exemptions applied to withhold portions of the record were sections 16(1),
17(1)(a), 17(1)(b)(i), 17(1)(c), 18(1)(b), 19(1)(b), 22(a) and 29(1) of FOIP. As well, in a
supplementary submission to my office related to the 48 page record, Highways applied
section 15(1)(m) of FOIP to withhold portions of the record.
II
RECORDS AT ISSUE
[12] Initially Highways had provided a 107 page record; however, as was noted in my office’s
notification email, the review involved the 107 page record, a 48 page record and any other
records that Highways withheld in full from the Applicant. On November 3, 2021,
Highways provided my office with a copy of the 48 page record. However, Highways took
the position that the Commissioner does not have jurisdiction to review the 48 page record
and provided a supplementary submission on this position, which I will consider later in
this Report. On November 8, 2021, Highways advised that while exemptions were applied
to some information, there were no records withheld in full from the Applicant.
[13] I will refer to the 107 page record as Package A and the 48 page record as Package B.
Highways did release some of the pages of these two packages of records in full.
[14] For Package A, pages 1, 2, 3, 5, 6, 7, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26,
27, 28, 30, 31, 32, 34, 36, 37, 40, 56, 57, 60, 65, 66, 67, 68, 70, 71, 72, 73, 74, 77, 79, 80,
81, 82, 83, 84, 86, 87, 92, 95, 96, 97, 98, 99, 100, 101, 102, 105, 106 and 107 were released
in full to the Applicant. As such, these pages of the record are not at issue in this review.
[15] While my office was reviewing the records in Package A, it was found that a few
attachments to emails in this record were not provided to my office. My office followed up
with Highways on February 7, 2022, and Highways acknowledged that three attachments
totalling seven pages had been overlooked when identifying the responsive records.
Highways provided my office with copies of the missing attachments and advised it would
release these records in full to the Applicant. Additionally, Highways chose to release pages
29 and 64 of Package A of the record. Highways also reduced the redactions applied to
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