Date: 20030114 File: 01 18 94 Commissioner: M e Jennifer Stoddart NELL VICTORIA ENNIS BHOLA Applicant v. MINISTÈRE DU REVENU Respondent DECISION THE REQUEST FOR REVIEW [1] On October 16, 2001, Mr. Richard Anthony Breakenridge transmitted to the Ministère du Revenu (the "Ministère") a letter dated October 8, 2001 in which he requested: – All Records the Gouvernement of Québec minister of Revenu have concerning nell Victoria ennis Bhola also known as nell Bhola whose social insurance number is […]. – This Request Pertain too all Historical Records under the controle of the Gouvernement of Quebec ministry of Revenu. – Annexed is an authorization from n.v.e. Bhola. – Annexed money order no. 625440 $5.00 filing fee. (sic)
Page: 2 [2] On November 1, 2001, the person responsible for access, M e Daniel Bourassa, informed Mr. Breakenridge that the Ministère could not fulfil his request for the following reasons: We acknowledge receipt of your fax dated October 16, 2001 requesting, under the Act respecting Access to documents held by public bodies and the protection of personal information (R.S.Q., c. A-2.1, hereinafter referred to as the «Act respecting Access» a copy of all records related to Ms. Nell Victoria Ennis Bhola and detained by our Ministry. However, the Act respecting Access stipulates that «to be receivable, a request for access to a document must be sufficiently precise to allow the document to be located». Your request, as submitted, is not receivable. We have tried to contact you by phone to get more information about your needs but unfortunately, we were unsuccessful to do so. Furthermore, as in this case, you act as representative for Ms. Bhola, we must inform you that we need to have on hand the original proxy before we may divulge any information on this person. Therefore, if you want to present a new request, please be more specific as to the documents or information you wish to obtain. If you need help to do so, please contact Ms. Colette-Marie Doucet at (418) 652-6924 during working office hours. A request by mail with your original signature would be appreciated. [3] On December 6, 2001, Mr. Breakenridge asked the Commission d'accès à l'information (the "Commission") to review this decision. THE PROOF AND ARGUMENTS [4] The Commission asked the Ministère, in a letter dated July 15, 2002, to provide the reasons for refusing the present request. [5] The reply, received on August 12, stated that the request was too vague and general to act upon and that the Ministère had attempted to obtain by telephone the information which would allow it to identify precisely the documents which were sought, but to no avail.
Page: 3 [6] The Ministère stated, in addition, that it required the original dated version of the power of attorney given by Ms. Bhola to Mr. Breakenridge in order to ascertain the authenticity of the document. [7] Asked for his comments, and given an extension until December 15, 2002, the applicant added no further fact or argument to the case. DECISION [8] The section 42 of the Act respecting Access to documents held by public bodies and the Protection of personal information 1 : 42. To be receivable, a request for access to a document must be sufficiently precise to allow the document to be located. [9] The Ministère has made reasonable attempts to help the applicant clarify what material he seeks. However, the latter has not responded to the substance of this request nor to the question of demonstrating to the public body, depositary of information on third parties, that he is acting under a valid power of attorney: 130.1. The Commission may refuse or cease to examine a matter if it has reasonable cause to believe that the request is frivolous or made in bad faith or that its intervention would clearly serve no purpose. [10] FOR THESE REASONS, THE COMMISSION: [11] REJECTS the application and CLOSES the file. JENNIFER STODDART Commissioner M e Alain-François Meunier Attorney of the respondent 1 R.S.Q., c. A-2.1.
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