This appeal was received pursuant to subsection 50(1) of the Freedom of Information and Protection of Privacy Act, 1987, (the "Act") which gives a person who has made a request for access to a record under subsection 24(1) of the Act, a right to appeal any decision of a head to the Commissioner. Further, subsection 57(4) allows a person who is required to pay a fee under subsection 57(1) to ask the Commissioner to review the head's decision to charge a fee or the amount of the fee.
The facts of this case and the procedures employed in making this Order are as follows:
1. On March 11, 1988, the Ministry of Transportation (the "institution") received a request for access to:
(a) "The complete original application form bearing the original signature and certification of the applicant" for a total of twenty three (23) different applicants for extra-provincial operating authority;
(b) "The complete file of the Director (of the Motor Vehicle Transport Act, 1987 (the "MVTA")), containing all of the materials, documents, notes, reports, and memoranda considered, relied upon or viewed in the course of the Director's determination of safety rating" with respect to the 23 applications;
(c) "The complete file of the (Ontario Highway) Transport Board (the "Board") containing all of the materials, documents, notes, report and memoranda considered, relied upon or viewed in the course of the Provincial Transport Board's determination and certification of compliance with the fitness criteria outlined in the Motor Vehicle Transport Act, 1987 and regulations passed pursuant thereto";
(d) Copy of the Registrar of Motor Vehicle's designation as Director pursuant to section 9(1)(f) Motor Vehicle Transport Act, 1987;
(e) "Any statement, memorandum, directive, or other instrument outlining procedures to be followed by the Provincial Transport Board in considering applications, objections, adjudication of public interest proceedings, issuance of licenses, determinations and certifications of fitness and any other matters touching on the administration of applications made under the Motor Vehicle Transport Act, 1987 if any such statements, memoranda, directives, or other instruments exist."
2. By letters dated March 28 and April 13, 1988, the Freedom of Information and Privacy Co-ordinator (the "Co-ordinator") for the institution advised the requester that some information had been deleted from certain requested documents, pursuant to exemptions contained in the Act. The rest of the requested material was either provided to the requester unsevered, or was material already in the public domain and otherwise available.