The Regional Clerk handles information requests related to the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) (the "Act"). The Act addresses the security and privacy of records and providing access to information. The Personal Health Information Protection Act (PHIPA) sets out rules for the collection, use and disclosure of personal health information (PHI).
Access to information
The following principles relate to information sharing:
- Information should be available to the public.
- Individuals should have access to their own personal information.
- Exemptions to access should be limited and specific.
- Personal information about individuals collected by the municipality will be protected.
- During an appeal process disclosure of government information will be decided and reviewed by the Information and Privacy Commissioner of Ontario (IPC).
This makes it possible for you to access records managed by the municipality. You may also ask to correct your own personal information.
Easier public access
The Regional Municipality of Durham shares information with the public whenever possible. All departments respond to verbal and written requests for information from the public on a regular basis. This means residents may not have to submit a formal request. The Act applies to cases where the information is not available through this normal practice.
Making a Freedom of Information (FOI) request
Steps to make a Freedom of Information (FOI) request:
- Write a letter referring to the Act or complete an Access/Correction Request form. Please provide enough detail to easily identify the record.
- Enclose a $5 cheque or money order payable to the Region of Durham for the application fee.
- Send the letter or completed Access/Correction Request form and payment to:
Regional Clerk/Municipal Freedom of Information and Protection of Privacy Coordinator
The Regional Municipality of Durham
Corporate Services Department
Legislative Services Division
605 Rossland Road East
PO Box 623
Whitby, Ontario L1N 6A3
Once the Office of the Regional Clerk has received and verified your request, department staff is notified. You may be notified if your request is not clear, if additional fees are needed, if third parties are notified, or of a time extension. Once approved, the information you requested is usually provided within 30 days.
Appeals
If access is denied, you can ask that the decision be reviewed by contacting the IPC at:
Information and Privacy Commissioner of Ontario (IPC)
2 Bloor Street East, Suite 1400
Toronto, Ontario M4W 1A8
Toll-free: 1-800-387-0073
TDD/TTY: 416-325-7539
Email: info@ipc.on.ca
Website: www.ipc.on.ca
The appeal fee for access to general records is $25 and $10 for personal information.
Additional fees
Additional fees may apply to complete your information request, including:
- Photocopying: 20 cents per page.
- Information on a CD: $10 per CD.
- Costs for outside services: as billed to the Region.
- Developing a computer program: $15 per 15 minutes.
- Shipping costs (e.g. postage or courier): determined by weight and size of package.
- Search time and record preparation time are each charged at the rate of $7.50 for every 15 minutes or $30 an hour for each employee searching (except for requester's own personal information).
Exemptions
There are two kinds of exemptions. Mandatory exemptions and discretionary exemptions are also included in the Act.
Mandatory exemptions
Governments can refuse to give certain kinds of records. These are considered mandatory exemptions and include:
- Information received in confidence from other governments.
- Third party information given in confidence or that will influence the third party's interests if shared.
- Personal information about individuals other than the person requesting the information.
Discretionary exemptions
Governments can also decide not to share certain kinds of information including:
- Drafts of by-laws or private bills.
- Records of meetings that are authorized to be held without the public (also known as closed or "in camera" meetings).
- Advice or recommendations within the organization.
- Law enforcement information.
- Information that could influence the financial or other specified interests of the organization.
- Information subject to solicitor-client privilege.
- Information that could endanger the health or safety of an individual.
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