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Freedom of Information

HomeRegional GovernmentAccess to InformationFreedom of Information
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About the legislation

Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)

The Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) (the "Act") applies to:

  • Municipalities
  • Local boards
  • Agencies
  • Commissions

The Act requires that government institutions give people the right to access certain general records and their own personal information, but there are some exemptions.

The Act also gives people the right to ask for corrections to their own personal information. These requests for information are Freedom of Information (FOI) requests.

The MFIPPA Coordinator for the Region is the Regional Clerk. They are responsible for managing MFIPPA duties given to Regional staff.

Personal Health Information Protection Act (PHIPA)

The Personal Health Information Protection Act (PHIPA) sets out rules about the type of personal health information (PHI) a government institution can ask for, use, or release.

These rules apply to people responsible for keeping and protecting PHI. These people are called Health Information Custodians (HIC). The rules also apply to people and organizations that receive PHI from HICs.

The Act balances a person's right to privacy with respect to their own PHI with the needs of healthcare providers to access and share this information.

The Regional Corporation is the HIC for all departments collecting PHI, except for the Health Department. The Medical Officer of Health is the HIC for the Health Department.

How do I make a request for a record or correct my personal information?

Please note our office does not process requests related to Durham Regional Police Service (DRPS), such as police reports. Please visit the Access Request page on drps.ca for details on how to access this information.

You can make requests by completing an Access/Correction Request form and paying a $5 application fee. We accept:

  • Debit
  • Cash
  • Cheques
  • Money orders payable to the Region of Durham

The Region has 30 calendar days to respond to the request from the date we receive the request and application. If you are unable to access the form, submit a letter with the $5 application fee to:

Regional Clerk/Director of Legislative Services
The Regional Municipality of Durham
Corporate Services Department
Legislative Services
605 Rossland Road East, Level 1
PO Box 623
Whitby, Ontario L1N 6A3

What are the fees?

Informal access requests

Some records are readily available to the public at a Council-approved fee, which is outlined in the Corporate Services Department's annual fees and charges.

Formal access requests

The following fees apply to any information provided through a formal request for information:

  • Photocopying: 20 cents per page.
  • Information on a CD: $10 per CD.
  • Appeal for access to general records: $25
  • Appeal for access to personal information: $10.
  • 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 and record preparation time: $7.50 for every 15 minutes or $30 an hour for each employee searching (except for requester's own personal information).
How do I make an appeal/complaint?

Appeal process

You have a right to appeal decisions made by the Region about access to records. You need to file an appeal within 30 calendar days after you receive the notice of the decision. File your appeal with the Information and Privacy Commissioner of Ontario (IPC). The IPC is an officer of the Ontario Legislature. They are independent of the government or any other institution.

You can start making an appeal by filing a written notice of appeal with the IPC. There is a $25 fee to file an appeal for general information. There is a $10 fee if the request is for the requester's personal information. Contact the Information and Privacy Commissioner by:

Mail:
Information and Privacy Commissioner/Ontario (IPC)
2 Bloor Street East, Suite 1400
Toronto, ON M4W 1A8
Telephone: 416-326-3333 or 1-800-387-0073
Fax: 416-325-9195
TDD/TTY: 416-325-7539
Website: www.ipc.on.ca

Complaint process

If you believe the Region has breached someone's privacy, write a complaint letter that includes details about the incident. You can submit it by mail:

The Regional Municipality of Durham
Corporate Services Department
Legislative Services
Records and Information Management
605 Rossland Road East, Level 1
PO Box 623
Whitby, Ontario L1N 6A3

We will investigate the person's confidential complaint and respond to them directly.

You have the right to complain about a privacy breach to the IPC. You can do this on the IPC website or by completing an IPC Privacy Complaint form.

Directory of Records

The Directory of Records and Personal Information Banks (PIBs) is required under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) (the "Act"). The Directory of Records is a listing of all general classes of records. PIBs describe all records containing personal information and support the Region's business activities.

General classes of records

Section 25(1) of the Act says the Region must make inspection and copying information available. It must contain:

  • A description of the organization and responsibilities of the institution.
  • A list of the general types of records in the custody of the institution.
  • The title, business telephone and business address of the head.
  • The address to which a request under the Act should be made.

Personal Information Banks (PIB)

Section 34(1) of the Act says the Region must make an index of all PIBs it controls available. It must contain:

  • Name and location.
  • Legal reason for creation.
  • Types of personal information it contains.
  • How the personal information is used on a regular basis.
  • Who the personal information is given to on a regular basis.
  • Categories of people whose information is maintained.
  • Policies and practices that apply to the personal information.

A hardcopy of this directory is also available in the Corporate Services Department, Legislative Services.

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