Matt Barter

On March 20, 2025, Acting Information and Privacy Commissioner Kerry Hatfield released her report on my complaint regarding Memorial University’s refusal to release the full employment contract of the Associate Vice-President of Harlow Campus and Global Partnerships. 

In Report A-2024-053, after Memorial refused access to the requested record, the Commissioner recommended Memorial conduct a line-by-line review of the employee contract and provide a new response. Memorial then provided the record, but almost all the information was redacted. Memorial cited section 40(1) (disclosure harmful to personal privacy) of the ATIPPA Act. 

I filed a new complaint objecting to the redactions, and The Commissioner concluded that MUN UK or Harlow Campus is part of Memorial University and is therefore subject to the ATIPPA Act, that Memorial has custody and control of the record, that UK law does not apply to limit disclosure of the record in Newfoundland and Labrador and that that section 40(1) does not prohibit disclosure of most of the information in the record.

The Commissioner recommended that the record be disclosed subject to redaction of a small amount of personal information, including home addresses and signatures.

I argued in my submissions to The Commissioner that Harlow Campus is inextricably linked to Memorial and the purpose of Harlow is for Memorial students to enrol in courses and for Memorial professors to teach. It falls squarely under Memorial’s teaching and learning mandate. The information requested relates to a Memorial matter and is central to the operations of Memorial.

There is significant public interest in the matter, and it is alleged that there was no consultation for the newly created Associate Vice-President of Harlow and Global Partnerships position, and there was no competition for the position. 

Memorial argued that Harlow is a third party and its own separate entity, but the University provides Harlow with funds to operate. For the fiscal year ending March 31, 2023, Harlow received a $929,000 operating grant from Memorial. Most of Memorial’s operating funds are provided by the provincial government and thus taxpayers. 

The Commissioner argued that MUN UK is called a “limited guarantee company” controlled by its members (or guarantors). MUN UK Limited has only one member, which is Memorial University. Harlow Campus is also proclaimed by Memorial on its website and elsewhere to be another campus of Memorial, like Grenfell, Marine Institute, Signal Hill and Labrador Campuses. 

The majority of the MUN UK Board of Directors consists of officers of Memorial, including the President, Provost, and the Vice-Chair of the Board of Regents. The appointments of directors and all other major decisions must be approved by Memorial’s Board of Regents. 

It is evident from MUN UK Board of Directors meeting minutes that Harlow’s strategic planning, staffing, teaching, budgeting and financial, marketing and administration functions are all integrated into the operations of Memorial and subordinate to Memorial’s Board of Regents.

Download the report below:

Matt Barter is a graduate of the Humanities and Social Sciences Faculty at Memorial University of Newfoundland, holding a degree in Political Science with a minor in Sociology. He enjoys reading thought-provoking articles, taking walks in nature, and volunteering in the community.