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Document
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M-994
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File #
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M-9600263 and M-9600300
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Institution/HIC
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Townships of Belmont and Methuen
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Summary
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The Townships of Belmont and Methuen (the Township) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to its general accounts and budget status reports for two specific months. The Township relied on sections 14(1) (invasion of privacy) and 6(1)(b) (closed meeting) of the Act to withhold access to some of the records. The requester appealed the denial of access and Appeal Number M-9500675 was opened. This appeal was resolved by Order M-784 in which I ordered the Township to disclose the records to the appellant. The Township then issued a fee estimate of $30 which the requester appealed and Appeal Number M-9600263 was opened. The Township also received a request for copies of submissions pertaining to the passage of By-law 1995-42 and copies of the Budget Status Reports for six months. The Township provided the requester with a summary of the Budget Status Report of July, 1996 and a two-page letter relating to the by-law. The Township also issued a fee estimate of $25.75 in respect of the above records. The remaining records requested were not provided. The requester appealed the fee estimate and indicated his belief that additional records exist. Appeal Number M-9600300 was opened. In both appeals, the Township has provided no information as to how the fee estimate was calculated other than to indicate that the fees were in accordance with its By-law 1994-10 and Schedule "A" thereto. In these cases, the Township has charged fees in connection with requests under the Act , based on a schedule of fees attached to a 1994 municipal by-law, rather than the fees specified in the Act and Ontario Regulation 823 (the Regulation). The by-law and accompanying schedule do not refer specifically to requests under the Act , nor to freedom of information requests; rather, they refer to items such as "tax certificates" and "photocopies". Because the parties in both Appeals M-9600263 and M-9600300 are the same and the issues are similar, this order will address and dispose of the issues in both appeals. This office provided a Notice of Inquiry to the Township and the appellant. Due to the nature of the issues on appeal, Management Board Secretariat was also invited to make representations. Representations were received from the Township only.
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Legislation
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Subject Index
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Signed by
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Mumtaz Jiwan
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Published
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Aug 29, 1997
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Type
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Order
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© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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