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P-5

Document		P-5


File #		880091


Institution/HIC		Archives of Ontario


Summary		nature of an individual institution; the need to facilitate use by those living outside the municipality where the records are located; etc. This list is by no means meant to be exhaustive. I think this discretion under subsection 57(1) is important and consistent with one of the overall purposes of the Act , which is to facilitate access to government information promptly and at the lowest cost to the public. The Legislature's intention to include a "user pay" principle in the Act is clear from the wording of section 57, but in my view it is incumbent on heads in each instance to satisfy themselves that there is a sound basis for charging a fee which does not raise unreasonable barriers to public access to information otherwise obtainable under the Act . The critical question for a head to ask should be: are these costs legitimate, and ones which the requester should bear? I emphasize that the discretion under subsection 57(1) rests with the appropriate head in each case, and as long as it has been exercised reasonably it should not be disturbed on appeal. Because the head in this case has argued throughout that he does not have the discretion under subsection 57(1) to not charge a fee, I feel it is appropriate for the request to be sent back to him for a decision based on the exercise of this discretion.


Legislation		FIPPA 25(1) 57(1) 57(1)(b) 57(3)


Subject Index		Charter of Rights and Freedoms Correspondence deposit for fees fee waiver Fees transfer of request


Signed by		Sidney Linden


Published		Jul 18, 1988


Type		Order


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