Access to Information Orders
Decision Information
• Records referred to in letter dated January 6, 1992 from Ministry of Housing to Durham Region Non-Profit Housing Corporation (Housing Corporation).
• Housing Corporation is part of Regional Municipality pursuant to section 2(3) of Act.
• Regional Municipality ordered to secure records responsive to request and to make access decision.
Decision Content
NATURE OF THE APPEAL:
The Regional Municipality of Durham (the Regional Municipality) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act) for records referred to in another document that the requester had received in response to an earlier request. That document was a letter dated January 6, 1992 from the Ministry of Housing to the Durham Region Non-Profit Housing Corporation. The current request states:
I am hereby requesting all of the records referenced in paragraph 2 viii), ix) and records (minutes, etc.) of the meeting or meetings referred to in paragraph 2 x) as well as copies of all change orders anticipated in paragraph 3 i), ii) and iii) of [the letter dated January 6, 1992].
The sections of the January 6, 1992 letter referred to in the request read as follows:
Re: [an identified project]
…
2. Plans, specifications and construction
viii) A copy of the construction drawings and specifications which make up part of the construction contract must be provided to the Ministry. This set must be initialed by both the Architect and the Contractor to signify that this is the set that will be followed for construction. This set should incorporate all appropriate addenda. A copy of the construction schedule must also be attached.
ix) The Ministry is to be provided with a copy of the written instructions to the Auditor regarding the Final Capital Cost audit.
x) A preconstruction start meeting shall be arranged with your representative, technical consultant, contractor, and Ministry inspection staff to establish the lines of communication and explain Ministry requirements during construction. The date of the meeting must be set at least a week in advance. …
3. Change Orders
i) All change orders or changes to the project design and specifications must be approved by the Ministry of Housing prior to such work being implemented….
ii) Although your project carries a contingency allowance, it is anticipated that this fund will be used for unexpected changes. It is not a fund to be used to incorporate previously rejected changes.
iii) Arrangements for the processing of change orders should be discussed at the pre-construction meeting.