The department's Business Returns and Payments Processing directorate delivered on that commitment and deserves recognition for its efforts. This example should motivate other departments to ensure that they come into compliance with section 71. The Act is silent as to the considerations which should guide institutions in exercising this discretion. It should be noted that the circumstances of the requester and the requester's reasons for seeking information may be taken into consideration in a fee waiver decision, even though these are not proper factors to consider in deciding whether or not to grant access. In fact, there is no uniformity in fee waiver policies across government.
Some institutions have no written policy.
The Standing Committee on Justice and Solicitor General, in its 1987 report, suggested criteria for fee waivers. Ontario and British Columbia have incorporated fee waiver criteria in their freedom of information laws. The Government Communications Policy also sets out useful fee waiver criteria. All departments should have, by now, written policies governing fee waivers and refunds. The best way for departments to demonstrate that they don't play favourites is to develop clear policies and publish them.