OVERVIEW OF INFRASTRUCTURE ONTARIO’S DISCLOSURE PRACTICES

PURPOSE

This document outlines Infrastructure Ontario’s disclosure practices for Alternative Financing and Procurement (AFP) project documents and information.

Infrastructure Ontario is bound by the principles of the Building A Better Tomorrow framework, which state:

• The public interest is paramount;
• Value for money must be demonstrable;
• Appropriate public control and ownership must be preserved;
• Accountability must be maintained; and
• All processes must be fair, transparent and efficient.

Infrastructure Ontario is committed to upholding all of these principles. In terms of disclosure, this means striking a balance between acting in the public interest, maintaining accountability and ensuring that all processes are fair, transparent and efficient.

In accordance with the provisions of the Freedom of Information and Protection of Privacy Act, 1990 (FIPPA), Infrastructure Ontario will ensure that disclosure does not harm the public sector’s negotiating or commercial interests. Furthermore, Infrastructure Ontario will not disclose trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence, which could reasonably be expected to prejudice the competitive position or interfere significantly with the contractual or other negotiations of Infrastructure Ontario and/or the proponents.

DISCLOSURE

The following principles will the guide the disclosure of AFP project documents and information:

• Infrastructure Ontario will provide clear disclosure guidelines to bidding parties and the public and post them on www.infrastructureontario.ca. This document is a guideline only, and is subject to (and cannot supersede) the provisions of FIPPA.
• Infrastructure Ontario will use an electronic tendering system for all open calls for bids (e.g., MERX). Any requests for documents should be obtained through the tendering system to ensure all updates are forwarded appropriately.
• Infrastructure Ontario will draft RFPs with the intention to allow for disclosure of some project-related information within the RFP at time of RFP release. Those portions of the RFP which are not slated for disclosure at the time of RFP release may be subject to the provisions of FIPPA.
• In news releases, Infrastructure Ontario will proactively release relevant information.
• Infrastructure Ontario will disclose key project documents on its web site, including (but not limited to) RFPs, final project agreements and value for money reports. Information that is deemed commercially sensitive (determined with reference to the principles under FIPPA) may be redacted.

The following chart outlines the disclosure practices for key project documents and information:

Note: Irrespective of Infrastructure Ontario’s policy position with respect to disclosure of certain documents noted above, the information contained within each document is individually subject to the provisions of FIPPA.