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Document
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M-555
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File #
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M-9400580
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Institution/HIC
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Toronto Board of Education
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Summary
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This is an appeal under the Municipal Freedom of Information and Protection of Privacy Act (the Act ). The Toronto Board of Education (the Board) received a two-part request for access to the following information: (1) a breakdown of all expenses incurred by each trustee, including those submitted directly or paid by the Board on behalf of the trustee, during the period of January 1, 1992 to July 31, 1994. The requester indicated that this information was to include the aggregate totals as well as the supporting documentation, including copies of the actual expense claim forms, invoices, receipts, credit card vouchers, credit card statements or any other attachments submitted by the trustees to the Board; and (2) a copy of the Board's alpha cheque register for the period of January 1, 1991 until June 30, 1994. In its response, the Board indicated that it would disclose the requested information, subject to severances required to protect personal privacy and third party interests. Although the Board did not say so explicitly, this appears to be a reference to the potential application of the following exemptions in the Act : invasion of privacy - section 14(1) third party information - section 10(1). The Board's response also refers to the time extension provisions in section 19 of the Act , and indicates that a time extension "... for a period which could be as long as six months ..." will be required to respond to this request. The Board also indicated that fees would be charged, and provided the following estimate: Re Part 1 of the request: 672 hours @ $30 per hour less two free hours search time = $20,100 Re Part 2 of the request: 70 hours @ $30 per hour less two free hours search time = $2,040 TOTAL $22,140. The Board also indicated that, in addition to these charges, photocopies would be charged at $0.20 per page, and this fee could not be calculated until the number of responsive records was determined. The Board also requested a deposit in the amount of $11,070 (which is 50% of the amount of its estimate). The requester appealed the Board's decision. This appeal is one of a series of related appeals which involve interim and final access decisions and fee estimates. One of the issues raised by these appeals is that of the circumstances in which an institution should be permitted to issue an interim as opposed to a final access decision. As the disposition of this issue could have significant implications for both provincial and municipal institutions in Ontario, this office determined that Management Board Secretariat (Management Board) should be afforded an opportunity to provide submissions on the issues raised by these appeals. Accordingly, a Notice of Inquiry was sent to Management Board as well as to the Board and the appellant. Representations were received from all three parties.
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Legislation
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Subject Index
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Signed by
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John Higgins
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Published
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Jun 30, 1995
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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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