Not Saying Yes, Not Saying No

I had some fun trying to get a straight answer out of the City on my Municipal Freedom of Information Application.

I was told by one of the "intake" people at the Privacy Commission that if I wanted a fee waiver, remember the City wanted over $100,000 to produce the documents I requested, I had to ask them for the waiver first. Without going into the gory details, I agreed and sent the following request:

• I would ask that the fee in this matter be waived by the City since it is fair and equitable to do so.
  
  Please confirm that the City is prepared to do so immediately.

Nice simple request I thought, easily answerable by a yes or no answer. Here is the response I received:

• Dear Mr. Arditti;
  
  Thank you for your e-mail concerning FOI 33-2006. I would refer you to my decision letter dated July 28, 2006 in which I stated that you could request a review of the City's decision by filing an appeal application to the Privacy Commissioner/Ontario, sec. 39 Municipal Freedom of Information and Protection of Privacy Act. I will quote that paragraph from the July letter below:
  
  Quote from Decision letter dated July 28, 2006
  "If you decide to request a review of this decision, please provide the Commissioner's Office with the following:
  
  · The file number listed at the beginning of this letter;
  · A copy of this decision letter;
  · A copy of the original request for information you sent to our institution; and
  · The reasons why you believe the records exist (if the decision was that no records exist).
  
  In addition, you must send an appeal fee to the Commissioner's Office. If your request was for your personal information, the appeal fee is $10.00. The appeal fee for all other requests for information is $25.00. Please include the fee with your letter of appeal - appeal fees should be in the form of either a cheque or money order, payable to the Minister of Finance.
  
  If you have questions or wish to narrow your original request, which could significantly reduce the above costs, you may contact me at 519-255-6285."
  
  Chuck Scarpelli Manager, Records and Elections Freedom of Information Coordinator

Now I do not know about you, but I don't know what the answer was to my request. I think it was a "kiss-off" letter but since I was not certain I wrote back:

• I was told by the Commission that I must specifically ask for a waiver, which I have done, and request an answer to my request, which I am now doing for the second time.
  

Later, I received a phone call from the Commission, probably because I cced the Privacy Commissioner, Ann Cavoukian, with my note. I was told that the City had been asked to send me a response to my request and they were going to do so. Since I have not received it yet, I wonder if it was sent out by snail mail rather than sent by email. It takes longer that way doesn't it?

I don't get it...They are going to answer NO to the waiver request. Why couldn't that just have been done instead of requiring all of this rigaramole.