PO-1973

The records at issue in these appeals relate to the sale of the Highway 407 Express Toll Route (Highway 407) by the government of Ontario (the government) to the private sector. Before proceeding to discuss the nature of these appeals, I feel it would be helpful to provide the following background information, which is contained in the May 24, 2000 prospectus (a public document) of the 407 International Inc., the new owner of Highway 407:

407 International Inc. (the "Company") was incorporated on March 17, 1999 under the Business Corporations Act (Ontario) ("OBCA"), on the initiative of SNC-Lavalin Inc.… and Cintra Concesiones de Infraestructuras de Transporte, S.A. …, for the purpose of submitting a bid to the Government of the Province of Ontario (the "Province") for the purchase from the Province of all of the issued and outstanding shares of 407 ETR Concession Company Limited (the "Concessionaire"). … This bid was accepted and the purchase was completed on May 5, 1999. …

The Concessionaire was established by the Province in 1993 as a Crown agency under the name Ontario Transportation Capital Corporation ("OTCC") to oversee the design, construction, operation, maintenance, management and financing of Highway 407. On April 6, 1999, OTCC was continued by the Province as a share capital corporation under the OBCA under the name 407 ETR Concession Company Limited and entered into a 99-year concession and ground lease agreement (the "Concession Agreement") with the Province. Together with the 407 Act, this agreement establishes the Concessionaire's principal rights and obligations with respect to Highway 407. …

…

The principle business of the Company is the ownership of the Concessionaire and, through the concessionaire, the operation, maintenance and management of Highway 407 Central and the construction, operation, maintenance and management of the Highway 407 Central Deferred Interchanges, 407 West Extension and 407 East Partial Extension.

…

The decision to sell OTCC and thereby privatize Highway 407 was announced by the Province on February 20, 1998. The Province subsequently enacted the 407 Act to authorize and facilitate the privatization. Under the provisions of the 407 Act, OTCC and the Province entered into the Concession Agreement which, in combination with the 407 Act, authorizes the Concessionaire to establish, collect and enforce payment of tolls and obliges the Concessionaire to manage, maintain, repair and toll Highway 407 as well as construct certain extensions and expansions thereto. …

...

• FIPPA