Municipal Freedom of Information and Protection of Privacy Act
What are the Principles of the Act?
The Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) applies to government organizations, including municipalities and provides the right of access to records held by the municipality in accordance with the following principles:
Information should be made available to the public
Individuals should have access to their own personal information;
Exceptions to access should be limited and specific;
The privacy of individuals with respect to the personal information the municipality collects and maintains shall be protected; and Decisions on the disclosure of government information may be reviewed by the Information and Privacy Commissioner.
Routine Access to Municipal Government Records
The Town of Carleton Place endeavours to provide as much information as possible to the public without the necessity of submitting a formal request under the Act. Any person wishing to access any records held by the Town of Carleton Place should first contact the department which holds the records and departmental staff will determine if the request should be submitted formally under MFIPPA or if the records will be provided as a routing disclosure.
Formal Requests under MFIPPA
MFIPPA recognizes that the right of access to information is not absolute. In some instances it is necessary to protect the confidentiality of certain records and to protect the privacy of personal information held by government institutions. Requests for information about another person, or information that contains details regarding a third party may require a formal request.
If a Formal Request is Required
Applicants must submit a completed Access/Correction Request form with the mandatory $5 application fee, and include as much detail about the information being requested as possible. In addition to the application fee, there may be other fees involved as set out in the Act and its regulations. Applications are to be submitted to the Town of Carleton Place, Clerk’s Department, 175 Bridge Street, Carleton Place, ON K7C 2V8. Applications are available from the Clerk at the phone number or e-mail address listed below.
How Quickly Can I get the Information?
The Clerk (Head) responds to all formal MFIPPA requests within 30 days.
Who Determines What Information to Release?
The Clerk (Head under the MFIPPA) evaluates all formal requests and determines what information can be released or alternatively, information that is subject to one or more of the permitted exemptions under the noted Act and as such, cannot be released. Examples of permitted exemptions, under the MFIPPA include but are not limited to information containing solicitor-client privileges, advice or recommendations and personal privacy matters. Decisions, made by the Clerk (Head), are made in accordance with the MFIPPA and are not subject to political involvement.
Fee Details – General Information Requests
The following outlines fees that may be charged in response to requests for general information, which includes information about a person other than yourself or about a municipal program or activity:
Application Fee: $5 to be paid when you submit your request;
Search Time: $7.50 for each 15 minutes required to search and retrieve records;
Record Preparation: $7.50 for each 15 minutes required to prepare records for release: NOTE: Sometimes a lengthy report may have to be reviewed and certain information, exempted under the act, needs to be deleted.
Photocopying: $0.20 per page;
Computer Programming: $15 for each 15 minutes needed to develop a program to retrieve information; and Electronic Copies: $10 for each electronic copy.
You will be given a fee estimate if it is anticipated that the fees will be more than $25 and if the estimate of fees to be paid is $100 or more, you may be required to pay a 50% deposit. Fees may be paid by cash, money order, certified cheque or debit card.
Fee Details – Personal Information Requests
If you are requesting information about yourself, your request is considered a “personal information request?. The following fees may apply to a request for your personal information:
Application Fee: $5 to be paid when you submit your request;
Photocopying: $0.20 per page;
Computer Programming: $15 for each 15 minutes needed to develop a program to retrieve information; and Electronic Copies: $10 for each electronic copy.
What if I Don’t Agree with the Information Provided?
Requesters may appeal the decision made by the Clerk to the Information and Privacy Commissioner. The Information and Privacy Commissioner is appointed by the Provincial Legislature and it is independent of any government or public institution and may be contacted at:
Information and Privacy Commissioner/Ontario
2 Bloor Street East, Suite 1400
Toronto, Ontario M4W 1A8
Phone: 1-800-387-0073
There is a $10 appeal fee for requests related to access to or correction of your personal information and a $25 appeal fee for requests related to access to general records. Appeal fees may be paid by cheque or money order made payable to the ‘Minister of Finance’.
For more information, the Information and Privacy Commissioner maintains a very comprehensive site at http://www.ipc.on.ca/
Contact Us
If you have questions regarding the Freedom of Information process, please contact the Clerk’s Department at sblair@carletonplace.ca