|
|
|
|
|
|
|
|
|
|
|
|
|
|
Document
|
|
M-408
|
|
|
|
|
|
File #
|
|
M-9400236 and M-9400348
|
|
|
|
|
|
Institution/HIC
|
|
The Corporation of the County of Northumberland
|
|
|
|
|
|
Summary
|
|
These appeals were filed under the Municipal Freedom of Information and Protection of Privacy Act (the Act ). The Corporation of the County of Northumberland (the County) received a request for access to all records relating to the County's waste management master plan and the West Northumberland Landfill site search, in the possession of a named consultant retained by the County (the consultant). The records sought by the requester are those dated or generated between 1985 and 1990, inclusive. The requester is another municipal corporation, namely the host township for a landfill site proposed by the County. In response to the request, the County issued an interim access decision and fee estimate, citing a number of exemptions and an estimated fee of $8,250. The requester appealed the amount of this fee estimate (Appeal M-9400236). Subsequently, the requester (now the appellant) sought a fee waiver from the County on the basis that payment of the fee would cause the appellant financial hardship and that dissemination of the records would benefit public health or safety pursuant to section 45(4) of the Act . The County decided not to waive the fee and the appellant appealed this decision as well (Appeal M-9400348). The issues to be decided in this order are whether the fee estimate is in accordance with the terms of the Act and the applicable regulation, and whether the County's decision to deny a fee waiver was fair and equitable in the circumstances. Interim access decisions are not subject to appeal (Order 81). Once the County issues its final access decision, the appellant will have an opportunity to appeal that decision if it sees fit. A Notice of Inquiry was sent to the County and the appellant. Representations were received from both parties. Representations were also received from three members of the public on the subject of fee waiver. Because of the way I have decided the issues in this appeal, it was not necessary for me to decide whether to consider these unsolicited representations.
|
|
|
|
|
|
Legislation
|
|
|
|
|
|
|
|
Subject Index
|
|
|
|
|
|
|
|
Signed by
|
|
John Higgins
|
|
|
|
|
|
Published
|
|
Oct 20, 1994
|
|
|
|
|
|
Type
|
|
Order
|
|
|
|
|
|
<<
Back
|
|
|
|
Back to Top
|
 |
|
|
|
© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
|