The purposes of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) are:
(a) to provide a right of access to information under the control of institutions in accordance with the principles that,
- information should be available to the public;
- necessary exemptions from the right of access should be limited and specific; and,
- decisions on the disclosure of information should be reviewed independently of the institution controlling the information; and,
(b) to protect the privacy of individuals with respect to personal information about themselves held by institutions and to provide individuals with a right of access to that information.
A copy of the Act is available on-line by clicking the link below:
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90m56_e.htm
The Municipal Freedom of Information and Protection of Privacy Act came into effect January 1, 1991 and applies to municipal corporations, including school boards, public utilities commissions, transit and police commissions, fire departments, conservation authorities, and other local boards.
MFIPPA gives everyone a right of access to most recorded information held by government organizations.
A record is defined as any record of information however recorded, whether in printed form, on film, by electronic means or otherwise, and includes correspondence, a memorandum, a book, a plan, a map, a drawing, a diagram, a pictorial or graphic work, a photograph, a film, a microfilm, a sound recording, a videotape, a machine readable record, any other documentary material, regardless of physical form or characteristics, and any copy thereof as well as any record that is capable of being produced from a machine readable record under the control of an institution by means of computer hardware and software or any other information storage equipment and technical expertise normally used by the institution.
Formal applications are not always necessary to obtain personal information held by the City under the Municipal Freedom of Information and Protection of Privacy Act. Prior to submitting a formal request for information under this Act, individuals wishing to access municipal records should begin by contacting (519) 759-4150. Callers will be transferred to the appropriate department responsible for the records to which they seek access. Departmental staff will then determine if the records can be released by them or whether a formal Access Request is required.
If a formal request is required, applicants must:
- complete an Access/Correction Request Form, a copy of which is provided at the bottom of this page; and
- submit the completed Access/Correction Request Form and the mandatory $5.00 application fee by mail or in person to:
Linda Robbins, Co-ordinator, Records and Office Services
City of Brantford
City Hall, 100 Wellington Square
Box 818
Brantford, ON N3T 5R7
Payment can be made in the form of cash, cheque (made payable to the City of Brantford), VISA, Debit Card, certified cheque or money order. Please do not send cash in the mail.
The $5.00 application fee must accompany your request.
If you are requesting access to, or a correction of your own personal information, please include with your completed application form, a photocopy of a piece of identification (e.g. driver’s license) bearing your signature. This will allow City Staff to verify your identity so that your personal information is not disclosed to someone other than yourself.
If you are acting as an agent on someone else's behalf, please include with the completed application, a signed Consent to Release Form from that individual authorizing you to act on his/her behalf, as well as a photocopy of a piece of his/her identification (e.g. driver's license) bearing his/her signature for verification purposes.
Access requests received under MFIPPA are processed as follows:
Completed Application to access municipal records is received by the City Clerk's Department
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Contacts in Department(s) notified of request and asked to provide responsive records within a prescribed timeframe
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Records reviewed to determine if exemptions under the Act apply
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Past Orders issued by the Information and Privacy Commissioner's (IPC) Office on similar access requests are reviewed
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Consultations with Staff and Committee of the Whole – Operations and Administration, if required
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Records severed to remove non-responsive or exempt information
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Interim decision letters may be issued re: fee estimates, third party notices, time extensions, etc.
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In most cases, decision letters issued within 30 days after date of application
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Applicant can appeal the decision to the IPC
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Mediation/Arbitration
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IPC issues Order
Access requests and general inquiries about the City of Brantford's procedures regarding MFIPPA should be directed to:
Linda Robbins, Co-ordinator, Records and Office Services
City Hall, 100 Wellington Square, Box 818, Brantford, ON N3T 5R7
(519) 759-4150 EXT. 2235
lrobbins@brantford.ca (e-mail)
Requests for information about another individual, a government program or activity are considered general information requests. The following fees apply to requests for general information:
- Application Fee: $5.00 must accompany application
- Time spent manually searching for records: $7.50 per ¼ hour
- Records Preparation: $7.50 per ¼ hour required to prepare records for disclosure
- Photocopying and Computer Printouts: $0.20 per page (requester's copy only)
- Floppy/Hard Disk: $10.00 for each disk
- Computer Programming: $15.00 per ¼ hour if necessary to develop a computer program to retrieve information
- The costs, including computer costs, that the City incurs in locating, retrieving, processing and copying the record if those costs are specific in an invoice that the City has received
- Appeal Fee: $25.00 to be paid to the IPC if an appeal is filed
A request for information about oneself is considered a personal information request. The following fees apply to requests for personal information:
- Application Fee: $5.00 must accompany application
- Photocopying and Computer Printouts: $0.20 per page
- Floppy/Hard Disks: $10.00 for each disk
- Computer Programming: $15.00 per ¼ hour if necessary to develop a computer program to retrieve information
- The costs, including computer costs, that the City incurs in locating, retrieving, processing and copying the record if those costs are specific in an invoice that the City has received
- Appeal Fee: $10.00 to be paid to the IPC if an appeal is filed
Pursuant to Section 3(3) of the Municipal Freedom of Information and Protection of Privacy Act, Committee of the Whole – Operations and Administration is designated as the head of the Municipal Corporation for the purposes of the Act.
Under Section 49(1), the powers and duties under the said Act have been delegated to the City Clerk, Director of Clerk’s Services and the Manager of Legislative Services to carry out the municipality’s requirements under the Act.
If you are not satisfied with the access decision made by the City in response to your request, you may request that the decision be reviewed within 30 days of receiving the decision by completing an Appeal Form http://www.ipc.on.ca/images/Resources/up-appfrm_e.pdf and sending it to:
Dr. Ann Cavoukian
Information and Privacy Commissioner of Ontario
2 Bloor Street East, Suite 1400
Toronto, ON M4W 1A8
Telephone: 1-800-387-0073
Related links:
Information and Privacy Commissioner of Ontario (IPC) website www.ipc.on.ca
Access and Privacy Office, Office of the Chief Information and Privacy Officer, Ministry of Government Services website www.accessandprivacy.gov.on.ca |
