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Document
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M-218
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File #
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M-9300013
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Institution/HIC
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City of Mississauga
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Summary
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The City of Mississauga (the City) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to the contents of all files concerning renovation work performed on a named estate since 1988, including a particular numbered file, as well as copies of materials which the requester provided to the City. The City advised the requester that the time limit for responding to the request was extended beyond the 30 days for an additional 21 days, due to the volume of records and the various locations where the records could be held. The City then produced for the requester a fee estimate of $2600.00. This estimate was broken down as follows: Search Time $ 660.00 (22 hours) Preparation Time (photocopying) 510.00 (17 hours) Photocopies (approx. 6,000 pages) 1,200.00 Reproduction of Drawings 225.00 TOTAL $2,595.00 (rounded to $2,600.00) The City did not indicate whether access would be provided on payment of the fee. It merely stated that "In accordance with Section 47 of the Act (Regulation 7(1)), we are requesting a deposit of 50% or $1,300. We must receive this deposit before actual preparation of the records will commence." The requester appealed the fee estimate. He subsequently requested a fee waiver as well. In response to the Confirmation of Appeal forwarded by the Commissioner's office, the City indicated that the request entailed searches of nine divisions or departments, and that the records were contained in approximately eight storage boxes, excluding plans and drawings. It stated that a review had been made of the files, and that the opinion was that "little material would be exempted." The City pointed out that considerable time had been spent in preparing the estimate. The Appeals Officer noted that the City had not made a decision on access to the records. The City was advised of its obligations under the Act , and asked to issue a decision letter to the appellant. In response, the City issued a revised fee estimate and interim decision, and rejected the requested fee waiver. It indicated that, upon payment of the fee, access would be provided to several files which were generally described, and that access to some of the records would be denied pursuant to sections 7, 10(1)(a) and 12 of the Act . The City provided a revised fee estimate in the amount of $5,139.00. Notice that an inquiry was being conducted was then sent to the City and the appellant. Representations were received from both parties.
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Legislation
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MFIPPA
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45(4)(a)
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45(4)(b)
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45(4)(d)
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45(5)
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Section 19
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45(1)
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Subject Index
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Signed by
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Anita Fineberg
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Published
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Nov 19, 1993
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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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