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Committee of the Whole
Meeting Date:
April 28, 2015
Submitted by:
Kathy Bunting, County Clerk
Subject:
MFIPPA (Municipal Freedom of Information and Protection of
Privacy Act
BACKGROUND:
The Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) R.S.O.
1990, Chapter F.31, gives a person the legal right to ask for copies or view original
records that are within the custody or control of Middlesex County unless the record or
the part of the record(s) falls within one of the exemptions under sections 12 to 22; or
the request for access if frivolous or vexatious.
Exemptions 12 to 22, to releasing records are as follows:
Section 12. Cabinet records
Section 13. Advice to government
Section 14. Law enforcement
Section 14.1 Civil Remedies Act, 2001
Section 14.2 Prohibiting Profiting from Recounting Crimes Act, 2002
Section 15. Relations with other governments
Section 16. Defence
Section 17. Third party information
Section 18. Economic and other interests of Ontario
Section 18.1 Information with respect to closed meetings
Section 19. Solicitor-client privilege
Section 20. Danger to safety or health
Section 21. Personal privacy
Section 21.1 Species at risk
Section 22. Information soon to be published
Section 23. Exemptions not to apply
The Act also requires the County to protect the privacy of an individual’s personal
information existing in our records.
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The Office of the Information and Privacy Commissioner (IPC) is a quasi-judicial tribunal
whose authority is set out under MFIPPA. The Information and Privacy Commissioner
generally convenes on matters of appeals, privacy complaints and privacy breaches.
ANALYSIS:
The Warden of Middlesex County has been designated the head for the purposes of the
Municipal Freedom of Information and Protection of Privacy by by-law.
Upon receipt of our MFIPPA request form (copy attached) or letter and the
accompanying $5.00 payment, work on the request can begin. The clock then starts on
how long it takes to complete the request. The optimum turnaround for MFIPPA
requests is 30 days or less. Some requests do take longer but every attempt is made to
complete the request in under 30 days. The County is allowed to charge for
photocopying and shipping/postage, plus in some instances computer costs in retrieving
electronic records. All fees charged are in accordance with the County’s User Fee Bylaws. Once the information is collected, the payment is calculated and the requestor is
notified. The documents are only released upon payment. If the cost for the release of
the information is minimal (under $10.00), then the cost maybe waived except for the
$5.00 application fee.
If a request for information is denied, a letter is sent to the requestor outlining the reason
for the denial. For example if a request was made for `Closed Session` the request
would be denied for the same reason(s) that Council is allowed to go into closed
session.
The requests vary from copies of an Ontario Works client file, request for Fire
Investigators Reports, by-laws, etc. Each year the County of Middlesex completes a
Year End Statistical report for the Information and Privacy Commissioner of Ontario. In
2014 the County received eight MFIPPA requests, in 2013 we received seven requests,
and in 2012 we received four requests. To date, at the end of March 2015, four MFIPPA
requests have been completed.
Municipal governments must design and implement a records system which adequately
protects personal privacy and records. The County of Middlesex records retention
schedule uses TOMRMS (The Ontario Municipal Records Management System).
Occasionally we receive a request for information whereby the information has already
been destructed. In that instance, I would reply that we did indeed have information but
that the information was destructed as per our records retention schedule.
Attachments
Request Form - Access to Information
A Mini Guide to Ontario’s Municipal Freedom of Information and Protection of Privacy
Act
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REQUEST FORM - ACCESS TO INFORMATION
under the Freedom of Information and Protection of Privacy Act/
Municipal Freedom of Information and Protection of Privacy Act
Please Note: A $5.00 application fee is required for all requests, payable to the County of Middlesex.
Request made to:
Freedom of Information and Privacy Co-ordinator
Attention: County Clerk
Corporation of the County of Middlesex
399 Ridout Street North, London, Ontario N6A 2P1
519-434-7321 ext. 2250
519-434-0638 fax
e-mail: [email protected]
First Name: ____________________
Last Name: _______________
_________
_____________
Company: if applicable _____________________________
Address: ______________________________________________
City or Town ___________________________________________
Province and Postal Code _________________________________
Telephone number(s): ___________________________________
E-Mail: ________________________________________________
Fax: __________________________________________________
Detailed description of requested record(s):
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
Signature: ______________________________________
Date:__________________________________________
Personal Information contained on this form is collected pursuant to the Freedom of Information and Protection of Privacy Act/Municipal
Freedom of Information and Protection of Privacy Act and will be used for the purpose of responding to your request. Questions about this
collection should be directed to the Freedom of Information and Privacy Co-ordinator at the institution where the request is made.
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&
Ontario’s Municipal Freedom
of Information and Protection
of Privacy Act
A Mini Guide
www.ipc.on.ca
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Introduction
The Municipal Freedom of Information
and Protection of Privacy Act applies to
local government institutions, including
municipalities, police services boards,
school boards, conservation authorities,
boards of health and transit commissions.
The Act requires that local government institutions 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.
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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 the government’s custody or
control.
If an individual feels his or her privacy has been compromised by a
government institution 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 is 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.
An individual may appeal an institution’s response to a correction
request to the Information and Privacy Commissioner of Ontario (IPC).
Access
If you want access to government records, begin by contacting the
government institution that has the information. If you do not obtain
the information you want, make a written request under the Act. Please
note: Section 52 of the Act outlines some specific types of records 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 institution to refuse to
disclose certain kinds of records, including:
• information received in confidence from other governments;
• 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
where disclosure would constitute an unjustified invasion of personal
privacy.
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Discretionary exemptions allow a government institution to decide
whether to disclose certain other kinds of records, including:
• draft bylaws, draft private bills and records of meetings that are
authorized by statute to be held in the absence of the public;
• advice or recommendations within the institution;
• law enforcement information;
• information which could prejudice the financial or other specified
interests of the institution;
• information subject to 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 institutions 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 before granting access;
• within 30 calendar days of receipt of an access request, make records
available, deny access or notify the requester of any delay because of a
need to obtain representations from affected persons or because of
extraordinary circumstances;
• give written reason for any denial of access;
• inform the person being denied access of his or her right to appeal to the IPC
within 30 calendar days of receiving the government institution’s response.
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Fees
Requests:
You must pay a $5 application fee to the government institution when
you make your request.
Appeals:
You must pay an application fee when you make your appeal to the
IPC.
Appeal fees:
• $10 for requests related to access to or correction of your personal
information;
• $25 for requests related to access to general records.
The fee must accompany your appeal and may be paid by personal
cheque or money order, payable to “The Minister of Finance.”
Please note: Work on requests or appeals will not begin until the fee is
received.
Further information is available at www.ipc.on.ca.
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For more information:
Information and Privacy Commissioner
Ontario, Canada
2 Bloor Street East, Suite 1400
Toronto, Ontario M4W 1A8 CANADA
Tel: 416-326-3333 or 1-800-387-0073
Fax: 416-325-9195 TTY: 416-325-7539
[email protected] www.ipc.on.ca
About the IPC
• Access to Information under Ontario’s Information and
Privacy Acts
• The Appeal Process & Ontario’s Information and Privacy
Commissioner
• Your Privacy & Ontario’s Information and Privacy
Commissioner
• Ontario’s Freedom of Information and Protection of Privacy
Act: A Mini Guide
• The Personal Health Information Protection Act and Your
Privacy
Cette publication est également disponible en français
Updated: July 2014
The role of the Information and Privacy
Commissioner is set out in three statutes: the Freedom
of Information and Protection of Privacy Act, the
Municipal Freedom of Information and Protection of
Privacy Act and the Personal Health Information
Protection Act. The Commissioner is appointed by
the Legislative Assembly of Ontario and is
independent of the government of the dayOther
brochures available from the IPC: