|
|
|
|
|
|
|
|
|
|
|
|
|
|
Document
|
|
MO-1239
|
|
|
|
|
|
File #
|
|
MA-990072-1
|
|
|
|
|
|
Institution/HIC
|
|
Regional Municipality of Haldimand-Norfolk
|
|
|
|
|
|
Summary
|
|
The Regional Municipality of Haldimand-Norfolk (the Region) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) from one of its Regional Councillors. The request was for access to copies of bid documents and related correspondence submitted by two named companies. One company (Company #1) was the successful bidder on a tender issued by the Region. The Region identified 15 responsive records, consisting of the two bid submissions and thirteen letters. The Region denied access to all these records pursuant to sections 10(1)(a), (b) and (c) the Act (third party information). The requester, now the appellant, appealed the Region's decision. He also claimed that "this information is relevant to my responsibilities as a Regional Councillor acting in the Public Interest", thereby raising the possible application of section 16 of the Act . During mediation, the appellant clarified that he does not want access to the actual contracts entered into by the Region with the two companies. Also during mediation, the Region disclosed parts of two of the letters to the appellant (Records 3 and 4 described below). These letters were submitted by Company #1 to the Region and outline price adjustments following the contract award. Only unit price information was severed from these two records. Further mediation was not possible, and I sent a Notice of Inquiry to the appellant, the Region and the two companies. Representations were received from the Region and Company #1 only. In its representations, Company #1 consented to the disclosure of a number of records and parts of records. As a consequence, the scope of this inquiry is reduced to the following nine records: Record 1 - June 3, 1998 letter from Company #2 to the Region re bid submission Record 2 - July 13, 1998 letter from the Region to Company #2 re deposit cheque Record 3 - July 16, 1998 letter from Company #1 to the Region - partially disclosed - only unit price information remains at issue Record 4 - August 5, 1998 letter from Company #1 to the Region - partially disclosed - only unit price information remains at issue Record 5 - October 22, 1998 letter from Company #1 to the Region re pickup haul and slag aggregate Record 6 - October 22, 1998 letter from Company #1 to the Region re revised price Record 7 - November 10, 1998 letter from the Region to Company #1 re contract - only unit price information remains at issue Record 8 - bid submission by Company #2 Record 9 - bid submission by Company #1 A tenth record (Record 10) is a July 28, 1998 letter from the Region to Company #1 regarding the company's deposit cheque and a photocopy of the actual cheque. Company #1 has agreed to the disclosure of all parts of this record with the exception of the company's banking information contained on the cheque. The appellant has confirmed that he does not require access to the banking information. I will include a provision in my order which requires the Region to disclose Record 10, with the banking information on the cheque severed.
|
|
|
|
|
|
Legislation
|
|
-
MFIPPA
-
10(1)(a)
-
10(1)(b)
-
10(1)(c)
-
Section 16
|
|
|
|
|
|
Subject Index
|
|
|
|
|
|
|
|
Signed by
|
|
Tom Mitchinson
|
|
|
|
|
|
Published
|
|
Oct 07, 1999
|
|
|
|
|
|
Type
|
|
Order
|
|
|
|
|
|
<<
Back
|
|
|
|
Back to Top
|
 |
|
|
|
© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
|