
This morning I paid the fee (out of pocket) to access the files via my Freedom of Information Request around CTC Concrete application for 4000 and 4020 Sandwich Street.
This payment triggered a 30 day appeal period. I didn’t realize there was a separate appeal period – as I have never applied for a FOI like this before.
This means I should receive files in early October if all goes well. More to come on this issue.
I find this concerning on multiple fronts myself. For starters, why is a sitting city councilor needing to file a Freedom of Information request, especially out of pocket? Secondly to be sure I’m understanding this correctly: is the appeal deadline ticking starting now, before files have even been delivered?
Hi Miranda,
Thanks for the questions.
To access these files from the province there are fees based on how long it takes for staff to compile and review the documents. This is for better or worse, a common practice in FOI processes at all levels of government. Technically I am filing this as private resident as the City isn’t involved in the FOI processes but even if it was then the City would have to file and pay for the files.
The process as I understand it is as follows:
1) I file and an initial filing fee.
2) I was informed at this stage there was approximately 700 pages of documents. Ministry staff assess my request determine which files can be release for example: private information from the applicant like a trade secret or a personal email address from a subject staff person that is in the materials. This may be redacted or not included in the final release. They are also remove some duplicate or public information that is also freely available to shrink the size of the overall application.
3) Based on the above a second fee for staff time to do that work is assessed. This is the fee that I paid this morning.
4) Assuming my fee is properly paid the subjects of the FOI are notified of the information being requested. They can then appeal some or all of the request. I do not know what happens if they appeal. Depending on their appeal it could be some things like appeal page 5 of document 4 as there is a additional personal phone number that got missed and was buried in documents. Or it could be block it all. They have 30 days to do this (clock starts when my payment is processed) so likely tomorrow. The ministry would determine if the appeal is appropriate or not to share and update the files to be shared or not. Depending on how this could go I could get a lawyer and challenge the appeal in court.
5) After the 30 days if no appeal occurs documents are transferred (I am penciling in October 10th). If there is an appeal I will be notified and will share this information as I get it!
Thanks again
Frazier
Keep up the good work. I suspect that their “stirrings” have a ‘less-than-normal’ and ‘likely-disguised’ intent.
Thanks for sharing news of you hard work!