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M-171

Document		M-171


File #		M-9200319


Institution/HIC		Halton Board of Education


Summary		The Halton Board of Education (the Board) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to all records which detail the expenditures for the years 1987 through 1991 charged against the Discretionary Expense Account of the Director of Education. The request specified that the records should include the following: 1. a record of the authorized budget amount and the actual expenditure for the Discretionary Expense Account for each of the years requested; 2. a cheque register (the summary listing of the cheques written); 3. the processed cheques which have cleared at the bank and been returned to the institution for filing; 4. invoices and bills submitted by suppliers who have provided goods and services which have been charged against the Discretionary Expense Account; and 5. documentation supporting all voluntary payments made by the Board and charged against the Discretionary Expense Account. The Board responded to the request by providing the requester with an interim decision on access and a fee estimate. The interim decision stated that the requester would receive partial access to the requested records, with the personal information of individuals other than the requester being withheld from disclosure pursuant to section 14 of the Act . The Board's decision also stated that "In addition to Section 14 applying to many documents, other exemptions may also apply when and if we are asked to produce all records for viewing to the requester". The fee estimate of $685.00 was calculated on the basis that the requester wanted to examine the originals of the requested records, not to receive copies. This was confirmed by the requester. The requester appealed the fee estimate contained in the interim decision stating that "... the institute [the Board] has a statutory obligation under section 183(3) of the Education Act [now section 207(4)] to provide access to its current accounts free of charge." The requester subsequently raised the issue of the calculation of the fee itself. Mediation of the appeal was not successful, and notice that an inquiry was being conducted to review the Board's decision was sent to the appellant and the Board. Written representations were received from both parties.


Legislation		MFIPPA 45(1)(a) 45(1)(b) 45(3) 45(6) 45(1)


Subject Index		current accounts estimate interim access decision and fee estimate


Signed by		Anita Fineberg


Published		Aug 06, 1993


Type		Order


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