Centre For Local Research into Public Space (CELOS)


See also Site Map

Citizen-Z Cavan Young's 2004 film about the zamboni crisis

Contact

mail@celos.ca

Search


Custodians:

Freedom of information file re sidewalk snow clearing in Toronto

File #2019-02531, Nov.20, 2019:

Records Requested*: Please send me electronic copies of the following two contracts issued by city staff sometime after March 2019: (1) HDR, Inc. to undertake a comprehensive review of the existing winter maintenance services and (2) Ipsos Public Affairs to solicit feedback from Toronto residents and road users on their opinion of the City's winter services. These contracts are referenced in the Oct.17, 2019 report to the Infrastructure and Environment Committee: http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2019.IE8.6 Please include the value (cost) of each of these contracts. NOTE: I asked Transportation this question directly but they did not answer it.

Dec.18, 2019, from FOI: they said that after January 17 there will be a decision on whether the records I asked for will be disclosed.

Jan.28, 2020, I asked FOI when I would find out the decision. Same day response:

My apologies for the delay. We are handling a large volume of files at the moment. As a result, some things are a bit behind.

The decision letter with respect to the above noted file will be sent for signature today. However, please note as with other 3rd party notice files, the 3rd party will still have a chance to appeal the City's decision before anything can be released.

Jan.28, 2020, email from Jutta:
Thank you. Can you let me know the maximum time that the appeal by Ipsos and/or HDR could take? I.e. is there a deadline?

I heard from your colleagues that your office is so busy now that you can't meet the legislated timing of 30 days. This one is a case in point -- the request was submitted over 3 months ago, and it's asking for existing cost documentation that would normally be in the public record, through BAC.

March 9, 2020, email from Jutta:
Hi -- No letter about this access request yet -- is it in the mail, so that I can expect it this week?

March 19, 2020, email from FOI:

My apologies, I was under the impression that the IPC would have been contacting you directly to advise that we have received a 3rd appeal with regard to this file.

Thus, the City is unable to issue a final decision releasing the records.

If the IPC has not been in touch, I am sure they will be soon.

Sept.3, 2020, from the Information and Privacy Commission: Please be advised that a third party is claiming an interest in the records you requested from the City of Toronto. The third party has filed an appeal with this office, under the Municipal Freedom of Information and Protection of Privacy Act, against your obtaining access to the information pertaining to that party. Accordingly, the City of Toronto cannot release that information to you as of the date previously arranged.The Mediator assigned to this case is Lorne Swartz. Lorne Swartz will contact you once the particulars of the appeal are known.

Please note that as a result of the COVID-19 pandemic, the IPC's physical office closed on March 16, 2020, limiting our ability to advance existing and new files. Over the past months the IPC has implemented technological solutions to allow greater capacity to process files remotely. While a mediator has now been assigned to this file, parties should expect delays while we continue to restructure our workplace processes to keep our staff and the community safe during this pandemic.

Sept.17, 2020 Jutta to mediator Lorne Schwartz, after a phone discussion about the issue:

Further to our phone call, here is an instance of an "economic interests" appeal with which we are familiar, since the decision also affected other ATI requests including one we had made, re costs to the city: IPC-MO-1947. That decision document referred to the amount the city paid out in lawsuits, and said the city must disclose those numbers to the CBC in full. Our argument in our request MA20-00107/2019-02531 is that the amount the city paid to two consultants to assess the need to keep sidewalks accessible for Torontonians in all the city's regions, in winter when it snows, is also information to which the citizens are entitled.

The commissioner's summary of the city's case in 2005 was this: "In a decision letter, dated April 26, 2005, the City denied access in full to these records and cited the exemption in section 11 of the Act. It further stated that section 11 was being relied upon to withhold records that contained information, the disclosure of which could reasonably be expected to prejudice the economic interests and/or be injurious to the financial interests of the City. Consequently, the City appeared to be relying upon sections 11(c) and (d) of the Act."

But the Commissioner ordered the city "to disclose the records in their entirety by sending them to the appellant no later than August 8, 2005."

She added the following opinion (and the mayor of the time publicly supported her view): "citizens cannot participate meaningfully in the democratic process, and hold politicians and bureaucrats accountable, unless they have access to information held by the government, subject only to necessary exemptions that are limited and specific."

Perhaps subsequent IPC decisions have reversed this view. I believe that you said in our phone call that you would not be searching the previous IPC decisions yourself but would leave that up to the companies who are appealing. If you'd like to forward this email to HDR Inc. and Ipsos Public Affairs to help them with their research, you have my blessing to do that.

Sept.18, 2020: another phone discussion with Lorne Schwartz. He said that (1) the case I mentioned comes under a different "economic exemption" clause than the one being invoked by HDR. (2) Ipsos has agreed to have their contract be public, HDR has not. Since we persist in wanting to see the contract, mediation is not an issue now and the case will go to adjudication. The IPC staff said that because of the covid etc backlog, this may take a very long time.

Sept.21, 2020: from FOI

I am writing further to our January 28, 2020 letter to you under which you were granted access in full to a copy of the Ipsos Public Affairs to solicit feedback from Toronto residents and road users on their opinion of the City's winter services records. Since the affected 3rd party has not appealed the City's decision to grant access to the Ipsos records in full, the records can now be disclosed to you.

Sept.21, 2020 Copy of IPSOS contract re snow clearing public opinion

INFORMAL QUOTE REQUEST FOR QUOTATION:
Public Opinion Research Services

DESCRIPTION
The intent of this solicitation is to identify and obtain the services of a qualified firm to assist the City of Toronto in conducting public opinion research using a representative online survey.

TOTAL $12,927.20 read more


The HDR snow removal research contract cost the city of Toronto $213,886. read more


Content last modified on October 02, 2020, at 03:41 PM EST