Town fighting appeal of its FOI response

New Tecumseth Free Press December 10, 2012 

The only details confirmed about a Freedom of Information (FOI) request made of the Town is that it involves four related matters, and it has so far cost New Tecumseth about $5,000 in legal bills to justify its reply. 

New Tecumseth Clerk Cheryl McCarroll, whose office is the front-line interpretor of the Municipal Freedom of Information and Protection of Privacy Act, would say only that “the Town did not refuse the requests, the requester appealed the information/documentation provided.” However, because “FOI requests are confidential, I cannot provide you with what was requested; I cannot provide any information that might identify the requester.”

Seeking information through an FOI request generally follows after “normal” channels have been rejected. A $5 application fee must accompany the request, payable to The Minister of Finance (provincial Act) or the appropriate local government institution (municipal Act). The institution has to respond within 30 calendar days.

According to the Act, “No fees are charged for the time required to manually search records containing your personal information, or to prepare such records for disclosure. However, you may be charged certain other fees, including photocopying fees. For all other records, you may be charged fees for photocopying, shipping costs, the costs of manually searching the records you have requested or preparing them for disclosure, or any other costs incurred in responding to your request.”

And, as the current case in New Tecumseth demonstrates, information access may still be denied.

“If a public institution denies you access to information that you requested under the provincial Act or the municipal Act, it must give you written notice of its decision, and inform you of your right to appeal to the Information and Privacy Commissioner,” according to the Act. “If you requested access to your personal information or correction of your personal information, the appeal fee is $10. The appeal fee associated with any other requests for information is $25…..You must make your appeal within 30 calendar days after the public institution has given you notice of its decision.”