The Town of Smooth Rock Falls is committed to complying with the requirements of the Municipal Freedom of Information and Protection of Privacy Act, RSO 1990, c M.56 and the regulations made thereunder and to implementing practices that will facilitate access to records in the Town’s custody or under its control while safeguarding the privacy of personal information.
This policy governs Town Officials, staff, affiliates, agents and contractors and every agency, board, commission, corporation or other body whose members or officers are appointed or chosen under the authority of the Town’s council.
“Consistent Purpose” means a purpose of a use or disclosure of personal information that an individual from whom Personal Information has been directly collected might reasonably have expected.
“Head” means the individual or body determined to be a head under section 4 of this policy.
“Information and Privacy Commissioner” and “Commissioner” means the Commissioner appointed under subsection 4(1) of the Freedom of Information and Protection of Privacy Act, RSO 1990, c F.31.
“Law enforcement” means,
“MFIPPA” means the Municipal Freedom of Information and Protection of Privacy Act, RSO 1990, c M.56.
“Minister” means the minister designated under section 3 of the Freedom of Information and Protection of Privacy Act, RSO 1990, c F.31, as the responsible minister for the purposes of that Act.
“Official” means a person who holds a public office or membership on a Council Committee with the Town whether obtained by election or by nomination of Council or the Town.
“Personal Information”, means recorded information about an identifiable individual including,
Personal Information does not include information about an individual who has been dead for more than thirty years.
“Record” means any record of information however recorded, whether in printed form, on film, by electronic means or otherwise, and includes,
“Town” means the Town of Smooth Rock Falls,
The accountability guidelines set out in this Section 4 have been established to facilitate the Town’s compliance with MFIPPA.
The members of Town’s Council may designate from among themselves an individual or Council committee to act as Head of the Town for the purposes of MFIPPA. This designation shall be enacted by by-law. If the Town’s Council does not so designate a Head, the Head shall be the Town’s Council.
The responsibilities of the Head include, but are not necessarily limited to:
Notwithstanding that the Head shall be accountable for the Town’s compliance with MFIPPA, the Head may delegate some or all of the Head’s powers and duties under MFIPPA to the CAO or other senior member of the Town’s staff in writing subject to limitations, restrictions or conditions placed on the delegation by the Head.
A conflict of interest may exist where the Head (or delegate) knows they have a private interest that is sufficiently connected to their powers and duties under MFIPPA to influence those powers and duties. The focus for conflict of interest is frequently financial matters. It may also arise when the Head (or delegate) is meeting their decision-making responsibilities under MFIPPA.
The Head (or delegate) may be in a conflict of interest situation where it is reasonable to assume that they are making decisions based on their personal interest rather than the public interest. In some instances, the conflict of interest may be more apparent than real. All delegations of the Head’s powers and duties under MFIPPA shall reflect the possibility of conflict of interest and provide for alternate decision-makers in those instances.
When Personal Information is collected, the Town shall provide notice stating:
Notice may be given either orally – in person, over the telephone, or in writing – on an application form, on, a posted sign, on the Town’s website or in any other manner which informs the individual about the collection.
The foregoing does not apply if:
The Town collects Personal Information directly from the individual to whom the information relates unless,
The Town may only use Personal Information if:
The circumstances in which the Town may disclose Personal Information include:
The Town shall retain the personal information it collects in accordance with regulations made under MFIPPA which provide that municipalities must keep all personal information for at least one year, unless:
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of personal information, the Town has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the personal information the Town collects.
Every individual has a right to request: (1) access to their personal information under the custody or control of the Town; and (2) correction of their personal information under the custody or control of the Town that is incorrect and incomplete. Town staff can assist individuals with the correction of their personal information.
Every person has a right of access to a Record or part of a Record in the custody or under the control of the Town unless:
Under MFIPPA there are two types of exemptions that affect the right of access to a Record or part of a Record in the custody or under the control of the Town; mandatory and discretionary.
Mandatory exemptions require the Head to refuse to disclose a record. They include, but are not necessarily limited to, Records that reveal:
Discretionary exemptions require the Head to exercise judgment when determining whether to disclose a Record. They include, but are not necessarily limited to, Records that:
A person seeking to access a Record shall,
If the Town receives a request and the Head determines the Town does not have the Record in its custody or under its control, the Head shall make reasonable inquiries to determine whether another institution has the Record in its custody or under its control and, if the Head determines this to be the case, the Head shall forward the request to that institution within 15 days of receiving the request. In such circumstances the Head shall give written notice of the forwarding to the person who made the request.
If the Town receives a request for access to a Record and the Head considers that the Record was originally produced by another institution or that another institution was the first to receive the record or a copy of it, the Head may transfer the request and, if necessary, the Record to the other institution within 15 days after the request is received. In such circumstances the Head shall give written notice of the transfer to the person who made the request.
The Head shall, with 30 days of receiving the request, give written notice to a person requesting a record whether access to the Record or part of it shall be given and, if so, the Head shall give the person access to the Record or part, or if necessary for the purpose, have the Record produced.
The Head may extent the above-noted time limit for a reasonable period if the request is for a large number of Records and meeting the time limit would unreasonably interfere with the Town’s operations or if the request necessitates consultations with outside persons and such consultations cannot reasonably be completed within the time limit.
Where a request relates to information affecting the interests of a third party, the third party shall be given notice about the request including a description of the contents of the Record and a statement that within 20 days they may make representations to the Head about why the Record or part should not be disclosed. The Head shall make a decision about disclosure and provide notice to the requester and third party within 30 days of the request being received, but not before the earliest of, the day the response from the third party is received or 21 days after the notice is given to the third party.
Where the decision is:
The Head shall require those requesting access or disclosure to Records to pay fees for the costs of searching for and preparing the Records, computer and other costs associated with process and copying Records; shipping costs; and any other costs incurred in responding to a request for access to a record.
An estimate shall be provided to the requester where the fee required to be paid is over $25.If the estimate is more than $100, the Head may require the requestor pay a 50% deposit of the estimate before the Head takes any further steps to respond to the request.
Fees may be waived by the Head if, in the Head’s opinion, it is fair and equitable to do so.
An individual making an appeal to the Commissioner of an access or disclosure decision must pay the fee prescribed in the regulations made under MFIPPA and file with the IPC written notice of the appeal within thirty days after receiving the decision. The written notice to the appeal must include a copy of the decision and a copy of the access request made to the Town.
Town staff found to have contravened this policy shall be dealt with in accordance with the applicable Town policy governing their discipline.
Effective Date: November, 2017
Revision History: Version 1
Related Documents: Municipal Freedom of Information and Protection of Privacy Act RRO 1990, Reg 823