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The Ontario Northland Transportation Commission (the ONTC) received two requests under the Freedom of Information and Protection of Privacy Act (the Act) for access to copies of:
(1) the contract between the ONTC and Bearskin Airways (Bearskin), and the "deal" between the ONTC and Air Ontario; and
(2) the ONTC's study of Dash-8 service into Kenora.
The ONTC denied access to records responsive to the first request pursuant to sections 17 and 18 of the Act, and to records responsive to the second request pursuant to sections 13 and 18 of the Act. The requester appealed both decisions to this office.
During mediation, Bearskin consented to the disclosure of its contract with the ONTC provided that Schedules "E" and "F" were removed, and the ONTC disclosed the agreement, with the exception of Schedules "E" and "F", to the appellant. In addition, the ONTC indicated that it had no record of a "deal" between the ONTC and Air Ontario, and the appellant discontinued this part of his appeal.
The ONTC informed the appellant that it did not have a study dealing specifically with Dash-8 service into Kenora, but that it did have market analysis data regarding the entire northern region. The appellant confirmed he was interested in receiving access to this data.
Further mediation was not possible, and notice that an inquiry was being conducted to review the ONTC's decision was sent to the ONTC, the appellant, and Bearskin. Written representations were received from the ONTC and Bearskin.
The records remaining at issue are: Schedules "E" and "F" of the agreement between the ONTC and Bearskin and four related change notices to the agreement (Record 1); and the market analysis data (Record 2), which consist of a financial analysis of costs, a passenger load analysis and a financial comparison.
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