Freedom of Information

ACCESS REQUESTS UNDER THE MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPA)

Freedom of Information: A Mini Guide to Ontario's Municipal Freedom of Information and Protection of Privacy Act

Freedom of Information

The Municipal Freedom of Information and Protection of Privacy Act applies to municipalities, local boards, agencies and commissions. This may include information held by a city clerk, a school board, board of health, public utility or police commission.

The Act requires that local government organizations protect the privacy of an individual's personal information existing in government records. It also gives individuals the right to request access to municipal government information, including most general records and records containing their own personal information.

Privacy Protection

The Act creates a privacy protection scheme which the government must follow to protect an individual's right to privacy. The scheme includes rules regarding the collection, retention, use, disclosure and disposal of personal information in its custody or control.

If an individual feels his or her privacy has been compromised by a government organization governed by the Act, he or she may complain to the Information and Privacy Commissioner who may investigate the complaint.

Individuals who are given access to their personal information have the right to request correction of that information where they believe there may be an error or omission. Where this request is refused, individuals may require that a statement of disagreement be attached to the information. Individuals may also require that all parties to whom the information has been disclosed in the preceding year be notified of the correction or statement of disagreement.

Access

If you want access to government records, begin by contacting the department or agency that has the information. If access is denied, make a written request under the Act. Please note: Section 52 of the Act outlines some specific types of recorded information that are not subject to the Act. Additionally, the Act sets out mandatory and discretionary exemptions to access which are listed below.

Mandatory exemptions require a government organization to refuse to disclose a record. The list includes:

• information about inter-governmental relations, if the information was received in confidence;
• third party information if supplied in confidence and where disclosure could prejudice the interests of a third party;
• personal information about individuals other than the requester.

Discretionary exemptions allow a government organization to decide whether it should disclose the requested record. They include:

• draft by-laws, private bills and records of closed meetings where such are authorized by statute;
• advice or recommendations within the organization;
• law enforcement;
• information which could prejudice the financial or other specified interests of the organization;
• solicitor-client privilege;
• information which could endanger the health or safety of an individual;
• information already available to the public or soon to be published.
  

Government must:

• design and implement records systems which adequately protect personal privacy;
• assist in locating records requested;
• determine if the requested record might contain personal information or third party information that affects the interests of someone other than the requester and, if so, allow the affected person to make representations about the disclosure of this information;
• within 30 days of receipt of a request, make records available, deny access or cite extraordinary circumstances resulting in delay;* *
• give written reason for denial;
• inform the person being denied access of his or her right to appeal to the Information and Privacy Commissioner/Ontario within 30 days of receiving the government's response.* *

The Municipality of North Perth promotes open government and fosters an organizational structure that advances the fundamental principles of the Act:

• Information (general records) should be available to the public
• Individuals should have access to their own personal information
• Exemptions to access should be limited and specific
• The Municipality should protect the privacy of individuals with respect to the personal information it collects and maintains.

Routine Access to Municipal Government Records

• Individuals wishing routine access to municipal government records should begin by contacting the Municipality of North Perth at (519) 291-2950. A customer service representative will connect you with Municipal department holding the records you are seeking.
• The appropriate departmental staff will then determine if the request should be submitted formally under MFIPPA, or if the records will be provided as a routine disclosure. It is important to note that the rules governing access and privacy under MFIPPA apply to both formal and informal requests for information.

Formal Requests under MFIPPA

Individuals wanting to submit a formal request for information under the access to information legislation (MFIPPA) may contact the Chief Administrative Officer (CAO):

Municipality of North Perth
C/O CAO
330 Wallace Ave.N.,
Listowel, ON N4W 1L3
Telephone: (519) 292-2040
Fax: (519) 291-2072

Formal requests must be made in writing using the MFIPPA Access/Correction Form (available for download) and accompanied by a $5 application fee. In addition to the application fee, you shall be required to pay other fees. The rules regarding the payment and amount of fees are set out in the Act and its regulations.

Download a MFIPPA “Request Information Form” to complete a formal request.

Fee Charges for Requests for Personal Information

If you are requesting information about yourself, your request is considered a "personal information request". The following fees shall apply to requests for your personal information:

Fee Charges for Requests for General Information

Requests for information about a person other than yourself or about a municipal program or activity are considered "general information requests" and have different fees than for personal information requests. The following fees apply for requests for general information:

You will be given a fee estimate, if it is anticipated fees are more than $25.00. If the estimate of fees to be paid is $100.00 or more, you may be required to pay a 50% deposit.

Details: Other Fees

Freedom of Information FAQ

Q: Who at the Municipality of North Perth is responsible for MFIPPA?

A: Each municipal organization is required to appoint a head who is responsible for overseeing the administration of the legislation within the institution and for decisions made under the legislation.

The CAO is responsible for processing all access requests, gives direction to municipal staff on informal information requests and implements privacy protection practices.

Q: How do I contact the CAO?

A: The CAO may be contacted at:

Municipality of North Perth
330 Wallace Ave.N.,
Listowel, ON N4W 1L3
Telephone: (519) 291-2040
Fax: (519) 291-2072
ksnell@northperth.ca