The Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) establishes a general right of access to records held by municipal government and local agencies, boards, and commissions using these principles:
- any information held by government should, in general, be available to the public;
- any exemptions from the right of access to information should be limited and specific;
- any decisions relating to access to information can be reviewed by the independent Information and Privacy Commissioner of Ontario; and
- any person may make a request for information held by a government institution covered by the Act.
Why is personal information collected?
There are a number of reasons a municipality may collect personal information, including:
- To establish, administer, and maintain billing, payment, and other service information;
- To process requests for services, requests for information, or applications; and
- To communicate any changes or disruptions in services.
How do I file a request for information?
To submit a request, you must:
- Submit the request form.
- Provide sufficient information/details to allow staff to find the correct records.
- Pay the $5.00 fee.
- Pay any additional costs for preparing the requested records.
How is my request processed?
Processing a request includes the following steps:
- The Clerk contacts the applicable department and asks that the records requested be forwarded for review.
- The Clerk determines if the records contain any confidential information as outlined in the MFIPPA.
- A letter is prepared letting the applicant know which of the requested records are allowed to be provided and an estimate of any fees that apply to the request.
- Fees must be paid before a copy of the records will be released.
- The Township of Warwick must respond within 30 days of receiving a request. If the request is for a large number of records and requires more time to process, or if the request requires consultation with an external third party, it is possible the request will extend beyond the 30 day period. Staff will advise the applicant of any foreseeable processing delays.
Exemptions
Mandatory Exemptions
Mandatory exemptions require the Township to deny access to a record. This includes:
- Information received in confidence from another government;
- Financial or commercial information supplied in confidence, where providing the information could harm the interests of another party; and
- Personal information about individuals other than yourself, if the disclosure would constitute an unjustified invasion of personal privacy.
Discretionary Exemptions
Discretionary exemptions allow the Township to decide whether it should deny access to the requested record. This includes:
- Draft By-Laws and records of closed meetings of Council or its Committees;
- Advice or recommendations of an employee or consultant;
- By-Law Enforcement matters;
- Release of information that could harm the financial or other interests of the Township;
- Information under solicitor-client privilege, such as legal advice;
- Information which could endanger the health and safety of an individual; and
- Information already available to the public through another means, or soon to be published.
Appeals
If an applicant is not satisfied with the decision made by the Township, he/she may file an appeal with the Information and Privacy Commissioner of Ontario (IPC).
Appeals must be filed within 30 calendar days of receiving the decision in a written note to the Commissioner's Office indicating you are appealing the Township's decision.
Letters should include a copy of the original freedom of information (FOI) request and a copy of the Township's decision letter. Forward the request for an appeal with the appropriate fee to the Commissioner's Office.
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