Thoughts and Opinions On Today's Important Issues

Wednesday, September 27, 2006

Would A $101,089.00 Bill Cause You Financial Hardship


I finally received my "waiver" letter from the City, sort of. Now I am going to have to spend some more time answering it. I wonder if we should have a pool to guess what the answer will be in the end.

It' seems strange to be asking the party that seems to be putting roadblocks in front of me to prevent me from getting the information in the first place to waive the fees. Oh well, that is the process. Who am I to argue?

  • "Subsequent to an interim fee estimate decision letter issued by this office July 28, 2006 and further to a clarification letter sent from this office dated August 8, 2006, we have received your email dated September 21, 2006 in which you asked for a fee waiver as follows:

    “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.”

    Under the provisions of the Municipal Freedom of Information and Protection of Privacy Act, s. 45(4), in order for an institution to consider a fee waiver, it is the responsibility of the requester to present representations to the institution identifying and demonstrating to the institution one or more of four considerations (s. 45(4) MFIPPA) which would establish a case thus allowing the institution to review all the presented circumstances surrounding the request for a fee waiver. I have quoted these considerations as follows:

    Section 45(4)
    “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,

    a) the extent to which the actual cost of processing, collecting, and copying the record varies from amount of the payment required by subsection (1);

    b) whether the payment will cause a financial hardship for the person requesting the record;

    c) whether dissemination of the record will benefit public health or safety; and

    d) any other matter prescribed in the regulations. R.S.O. 1990, c. M.56, s. 45 (4); 1996, c. 1, Sched. K, s. 23 (2).”

    In order to make an informed decision, I will require evidence of the above considerations which will assist me in making a decision about the fee waiver. Such proof for 45(4)(b) shall consist of details regarding your financial situation, including information about income, expenses, assets, and liabilities [Order MO 1895] to support this consideration. Such proof for 45(4)(c) shall be:

    Whether the subject matter of the record is a matter of public rather than private interest;

    Whether the subject matter of the record relates directly to a public health or safety issue;

    Whether the dissemination of the record would yield a public benefit by,

    a) disclosing a public health or safety concern, or
    b) contributing, meaningfully to the development of understanding of an important public health or safety issue;
    the probability that the requester will disseminate the contents of the records.
    (Orders P-2, P-474, PO-1953, PO-1962)

    I would also point out that the Act permits the waiver of payment of all or part of the fee, in certain circumstances.

    I have also enclosed the pertinent section of the Act for your convenience. Please respond to this request before Monday, October 23, 2006 otherwise I will consider this issue abandoned.

    Yours very truly,

    Brenda Andreatta for Chuck Scarpelli