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Document
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PO-1703
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File #
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PA-990022-1
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Institution/HIC
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Ministry of Health
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Summary
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NATURE OF THE APPEAL: The appellant submitted a ten part request to the Ministry of Health (the Ministry) pursuant to the Freedom of Information and Protection of Privacy Act (the Act ) for access to certain records surrounding the 1997 Request for Proposal for the Canadian Blood Information System, as well as other related documents. The Ministry responded by issuing an interim access decision and a fee estimate totalling $149,485. In its decision, the Ministry explained that the responsive records may exist in three different areas of the Ministry, namely the Negotiations Secretariat, Public Health and Legal Services Branches. The Ministry issued a separate fee estimate for each of these areas. Each fee estimate was broken down into search time, preparation and photocopying costs. In its interim decision, the Ministry stated that any responsive records located at the Negotiations Secretariat and the Public Health Branch would likely be subject to full or partial exemption from access under sections 15, 17 and/or 18 of the Act . The Ministry also indicated that any responsive records located at the Legal Services Branch would be subject to severances pursuant to sections 13, 15, 17, 18, 19 and 21 of the Act . In its interim decision, the Ministry also indicated that both the Public Health and Legal Services Branches require an extension of time, 40 days and 68 days respectively, pursuant to section 27 of the Act , in which to complete the search. The appellant appealed only the Ministry's fee estimates. During mediation of this appeal, the appellant agreed to narrow the scope of his request to records responsive to points 3, 4, 6 and 9 of his request. The particulars of these four parts of the request are as follows: 3. Copies of any, and all, evaluations of Blood Trac systems Inc. (BTSI), the Computer Information System for Central Operations (CISCO), the Blood Information System (BLIS), and the Spartan Solution, by officials of the Bureau of Biologics & Radiopharmaceuticals (BBR), Canadian Blood Agency (CBA) or Canadian Red Cross society (CRCS); 4. Copies of all correspondence exchanged between the BBR, CRCS and CBA relative to the functionality of the CISCO project, BLIS and the Spartan Solution, including reports written in 1996 be BBR officials relative to the feasibility of the CISCO project and ultimately forwarded to the CRCS and the CBA; 6. All correspondence relating to the "GAP-Analysis" undertaken by the BBR and CRCS to determine the requirements for a fully functional information system, to be developed by MAK Systems for the Canadian Blood system (CBS). This correspondence is also to include the cost estimate to fully implement the MAX Automated Information System in Canada, as applied to all aspects of the DBS, including the date it is anticipated that this system will be fully implemented in Canada; and 9. All correspondence relating to the acceptance of MAK System as the successful Bidder to supply Canada with a fully automated blood information system. This correspondence is to include the "guiding principles/rationale" used to determine the successful bidder. The appellant also limited the scope of his appeal to the fee estimates relating to the Negotiations Secretariat and the Public Health Branch. Accordingly, the Ministry's interim decision relating to the Legal Services Branch is no longer at issue in this appeal. Also during mediation, the appellant confirmed that he is not appealing the Ministry's time extension decision relating to the Public Health Branch. Finally, the appellant provided the names of two individuals who would have been involved with the Request for Proposal. He believes these individuals should have at least some of the records responsive to his request. This information was provided to the Ministry during mediation. The Ministry, however, advised the Mediator that, notwithstanding the above, the fee estimates relating to the Negotiations Secretariat, as well as the Public Health Branch, remain the same. As a result of the above, the Ministry's fee estimates for these two areas remain at issue. The Ministry broke down the fees relating to these two areas as follows: Negotiations Secretariat Search 2 hours @ $7.50/15 minutes .. $ 60 Preparation severing 240 pages of records at 2 minutes per page @ $7.50/15 minutes .. $240 Photocopying estimated 250 pages at $0.20 per page .. $ 50 Total .. $350 Public Health Branch Search 20 hours @ $7.50/15 minutes .. $600 Preparation severing approximately 15 pages of records at 2 minutes per page @ $7.15/15 minutes .. $ 15 Photocopying estimated 100 pages at $0.20 per page .. $ 20 Total .. $635 TOTAL ESTIMATED COST .. $985 I sent a Notice of Inquiry to the appellant and the Ministry. Representations were received from the Ministry only. DISCUSSION: FEE ESTIMATE The charging of fees is authorized in section 57(1) of the Act , and more specific provisions regarding fees are found in section 6 of R.R.O. 1990, Regulation 460. Section 57 of the Act states, in part: (1) A head shall require the person who makes a request for access to a record to pay fees in the amounts prescribed by the regulations for, (a) the costs of every hour of manual search required to locate a record; (b) the costs of preparing the record for disclosure; (c) computer and other costs incurred in locating, retrieving, processing and copying a record; (d) shipping costs; and (e) any other costs incurred in responding to
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Legislation
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Subject Index
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Signed by
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Laurel Cropley
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Published
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Aug 19, 1999
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Type
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Order
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2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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