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Document
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PO-2169
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File #
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PA-010121-2
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Institution/HIC
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Ministry of the Environment
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Summary
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BACKGROUND: In 1999, the Ministry of the Environment (the Ministry) implemented a mandatory vehicle inspection and maintenance program called the "Drive Clean" program. The purpose of the program is to detect and reduce smog-related emissions from cars, trucks and buses. The Ministry states: The Drive Clean program was designed with four specific performance targets, and they have guided the development and implementation of the program since its inception: a) to reduce smog-causing pollutants by means of testing and repairing vehicles; b) to consistently achieve a high degree of public acceptance for the program. This target is met by a wide mix of private sector facilities located throughout Ontario, reasonable access times for customers, affordable test fees, and high standards of information access and customer services; c) to consistently achieve a high level of acceptance by the vehicle inspection industry and repair industry sectors; and d) to consistently achieve a high degree of business integrity by ensuring "zero tolerance" for non-compliance by Drive Clean facilities with program requirements. The Ministry points out that similar programs exist in other jurisdictions, and states that Ontario's program has been one of the most successful in significantly reducing emissions from motor vehicles and in meeting the program's performance targets. The requirements of the Drive Clean program are set out in Regulation 361/98 made under the Environmental Protection Act and Regulation 628/90 made under the Highway Traffic Act . These regulations establish various emissions testing standards and requirements for the operation and registration of various types of vehicles in Ontario. Results from vehicle testing under the Drive Clean program are gathered and stored electronically in computer systems maintained by the Ministry. The Ministry explains: Gas emission results of every vehicle tested in the program are stored in the Drive Clean database, along with the identification of the vehicle, the license plate number [assigned by the Ministry of Transportation (the "MTO") to the vehicle], service facility identification, and Inspector or Technician identification. There are currently over 3,300,000 such records in the database. The vehicle identification and plate numbers are the same data as contained in the MTO vehicle registration database. The remainder of the data is unique to the Drive Clean database. The Ministry's Drive Clean database also contains specific "garage identifiers", also referred to as the "DCF Number" or the "Station ID." The Ministry explains that a garage identifier is a "4-digit numerical string" that is assigned to a Drive Clean facility: Each Drive Cleanfacility has its own garage identifier. It is used to identify the facility for all aspects of the Program. To a Drive Clean facility, the garage identifier is its own unique Drive Clean identification number. NATURE OF THE APPEAL: The Ministry received a request under the Freedom of Information and Protection of Privacy Act (the Act ) for access to information about inspections carried out by facilities under the Drive Clean program in electronic format. The requester did not identify any particular source or database for the information. The Ministry identified the responsive record as the data elements of the Ministry's Drive Clean program, excluding any portions that might reveal the identity of individuals. The Ministry denied access to this record pursuant to section 18 (economic and other interests). The requester (now the appellant) appealed that decision (Appeal PA-010121-1). After conducting an inquiry, I issued Order PO-1980. In it, I found that the data elements relating to the Drive Clean program did not qualify for exemption under section 18. I also provided the parties with direction on the format of the record, as follows: Finally, I would like to address the issue of format. The appellant indicates in his original request letter that he wants access in electronic format, as well as hardcopy printed versions of the first 50 records contained in the database. By that, I assume the appellant is interested in receiving access to paper copies that contain all data gathered through the emissions testing process for 50 vehicles, subject to severance of the specific data elements that have been removed from the scope of his request. In my view, although my order determines that section 18(1) does not apply to the records at issue in this appeal, it is not clear to me that the appellant, quite understandably, has been provided with sufficient information to make an informed determination of how much and in what format he wishes to receive the information from the Ministry. I have concluded that most appropriate way of proceeding at this stage is for the Ministry to provide the appellant with the printed content of a representative sample of 50 emission test results. This will put the appellant in a position to determine what further information he requires, and in what format, which will then allow the Ministry to determine what fees, if any, are required in order to comply with the provisions of this order. I will remain seized of the appeal in order to deal with any issues that arise in this context that cannot be resolved by the parties. In compliance with Order PO-1980, the Ministry issued a decision to the appellant and provided him with the hardcopy version of a representative sample of 50 vehicle emission test results, with certain items of information removed. The Ministry also estimated that the total fee for producing the entire record would be $593. In response, the appellant advised the Ministry that the hardcopy version of the record did not contain the unique garage identifiers, and that he wanted access to this information. The appellant also objected to the fee. The Ministry responded by advising the appellant that disclosing the garage identifiers would reveal information about identifiable test facilities, and that this could not be done without their consent. The Ministry also revised the fee as follows: Based on our discussions, the total fees for your request have been recalculated as follows: Records Preparation 9 hours @ $30 $270 Compact Disks 5 @ $10/disk 50 Shipping 3 Total $323 The appellant appealed the Ministry's decision regarding both access to the garage identifiers and the fee. The Ministry's position on th
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Legislation
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Subject Index
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Signed by
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Tom Mitchinson
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Published
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Jul 31, 2003
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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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