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Document
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MO-1243
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Institution/HIC
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Trillium Lakelands District School Board
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Summary
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NATURE OF THE APPEAL: The Trillium Lakelands District School Board (the Board) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to information described as follows (I have numbered the paragraphs for ease of reference): All records, documents, minutes, memos, information which mention, name or discuss the transportation policy and/or walking policy including in camera and phone conferences from 1989 to 1999 inclusive. All information, documents, memos, phone conferences and minutes pertaining to school bus routes and school bus stops from 1989 to 1999 inclusive. All information, documents, memos, phone conferences and minutes pertaining to organization/reorganization of school bus routes from 1989 to 1999 inclusive. All documents, memos, minutes, phone conference records and information pertaining to transportation and expenditures including receipts, contract/ arrangements, etc., for 1996, 1997, 1998 and 1999. All documents, memos, minutes, reports, insurance reports and or claims, Police Reports and Ministry of Transportation Reports pertaining to accidents and injuries involving a school bus, school bus stop or route. This includes personal injury and/or property damage and is understood to include any accidents due to weather or road conditions. This will include any injuries/accidents which occurred during the operation of a school bus while students were riding on or disembarking from or were within close vicinity of a school bus and documentation states as such for the last ten years (1989-1999 inclusive). All documents, records, requests, memos, etc. pertaining to safety including complaints, concerns, investigations and discussions and policies regarding safety in the last ten years 1989-1999 inclusive. It is understood that all documents requested will be pre and post amalgamation and any data which involves school boards which now fall under Trillium Lakelands Mandate. It is understood that all requested information and documents will be provided in full including detailed minutes and in camera sessions as well as closed meetings. All data, documents, memos, minutes, phone conferences, legal consultations, insurance consultations of legal and/or written complaints and discussions file against any of the school boards within the present school board district and mandate for the last ten years (1989-1999 inclusive). The requester also asked the Board to waive the fees associated with providing access, on the basis of section 45(4)(c) of the Act . The requester indicated that she believed disclosure of the requested information would benefit public health and safety. The Board responded to the request, indicating that fees would apply. The Board stated that fees would include staff time, travel expenses and photocopy charges at 20 cents per page, although the Board did not provide a breakdown of these fees. The Board also stated that responding to the request would involve extensive searches through minute books, files, financial records, contact with third parties and severance of certain documents at all three offices of the Board. The Board informed the appellant that additional staff may be needed to process the request. The Board also stated: Your request asks for copies of police reports and Ministry of Transportation reports pertaining to accidents. As these reports are in the custody and control of the above named, please direct your request for these reports directly to the parties concerned. We will supply records in the control and custody of the Board relating to accidents. The Board estimated the fees for access at $1,970.00 and requested a deposit of $900.00 and a written acceptance of the fees within 30 days. The Board informed the appellant that due to the amalgamation of three Boards, the various retention schedules of the three boards may have an impact on the availability of information. Regarding the fee waiver request, the Board advised the requester that it was denied, and asked the requester to consider reducing the scope of her request. The requester, now the appellant, appealed the Board's decision in respect of both the fee estimate and the denial of a fee waiver to this office. I sent a Notice of Inquiry to the appellant and the Board seeking representations on the issues in this appeal. I received representations from both parties. ISSUES: FEE WAIVER Section 45(4)(c) of the Act reads: A head shall waive the payment of all or any part of an amount required to be paid under subsection (1) if, in the head's opinion, it is fair and equitable to do so after considering, (c) whether dissemination of the record will benefit public health or safety; The Board states that it considered the appellant's fee waiver request and, although "safety is mentioned several times in the request", the Board did not feel that the request fell within the terms of section 45(4)(c). The Board states that it asked the appellant to provide a detailed explanation of her waiver request but "[t]o date, no explanation has been received." The Board submits that it also determined that the requested information did not fall under "reveals [a] grave environmental, health or safety hazard to the public", a reference to the obligation on a head to disclose such records under section 5(1) of the Act . Further, with reference to section 5(1), the Board states that the term "public interest" in that provision "includes the interests of the local community in general and not of any particular individual or group of individuals. The request is made by [the appellant] as an individual and not as part of a group of concerned parents or citizens." The Board concludes its representations on this point by stating that "the fee should not be waived in this case."
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Legislation
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Subject Index
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Published
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Oct 19, 1999
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Type
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Order
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