The Township of Greater Madawaska

Municipal Freedom Of Information & Protection of Privacy Act (MFIPPA)

Municipal Freedom Of Information & Protection of Privacy Act (MFIPPA)
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What is the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)

Resident Guide

The Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) applies to all local government organizations, including municipalities, school boards, public utilities, transit and police commissions, fire departments, conservation authorities, boards of health and other local boards. There are separate Acts that apply specifically to Provincial Ministries, agencies and Federal Government institutions.

MFIPPA came into effect January 1, 1991 and required municipal institutions to protect the privacy of an individual's personal information existing in government records. The Act creates a privacy protection scheme, which the government must follow to protect an individual's right to privacy. The scheme includes rules regarding the collection, use, disclosure and disposal of personal information in the custody and control of a municipal institution.

The Act also gave individuals the right to access municipal government information, including most general records and records containing their own personal information, subject to very specific and limited exemptions. As well, the Act provides individuals with the right to request a correction of their personal information, which they believe to be false or inaccurate and/or to attach a statement of disagreement to their records. An individual is also provided with the opportunity to request an independent review from the Information and Privacy Commissioner/Ontario of the decisions made under MFIPPA by the head of an institution.

Each municipal organization is required to appoint a head who is responsible for overseeing the administration of the legislation within the institution and for decisions made under the legislation. At the Township of Greater Madawaska, Council has delegated the powers and duties of the head to the Mayor, who in turn delegated these responsibilities to the Chief Administrative Officer (CAO). The CAO may be contacted at:

Township of Greater Madawaska
19 Parnell Street
Calabogie, ON
K0J 1Y0

613-752-2222

The legislation also stipulates that an institution must provide the requester with the information and/or a decision regarding their request within 30 calendar days from the date a complete request is received. On occasion, an institution may ask for an extension, if the request is for an extensive number of records and/or if an outside consultant needs to be contacted.

In keeping with the spirit of the legislation, the Township of Greater Madawaska is committed to providing individuals with the right of access to information in its custody and control including most operational records as well as records containing their own personal information, where applicable. This process is called "business as usual" and allows certain records to be disclosed, without having to make a formal request under the Act. Only under limited circumstances does the Township require an individual to make a formal MFIPPA request.

You may wish to view or download a complete copy of MFIPPA at:

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90m56_e.htm

To Access a mini guide to MFIPPA:

https://www.ipc.on.ca/english/Resources/Educational-Material/Educational-Material-Summary/?id=273

How to Make an MFIPPA Request

In most cases, it is not necessary to apply under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) to obtain access to the Township’s records. Requests for information can generally be made by calling, writing, or visiting the Township office. If it is deemed appropriate, staff may request that a formal MFIPPA request be made.

To request records under the Municipal Freedom of Information and Protection of Privacy Act, follow these steps:

Step 1: Complete an MFIPPA request form, or write a letter stating that you are requesting information under the Act. Any clear written request that refers to the Act will also be accepted. Requesters should provide as much detail as they can about the records sought.

Step 2: Forward the completed request form or letter to the Chief Administrative Officer. Please note: a $5 application fee must accompany your request, payable to "The Township of Greater Madawaska”. Send the completed request form and payment to:

Township of Greater Madawaska
19 Parnell Street P.O. Box 180
Calabogie, ON
K0J 1H0

A request is usually processed within 30 calendar days. This means that the Township must either provide access to the requested record or notify the individual that the information is exempt under the specific provisions of the Act. If the Township requires a time extension for any reason, then the requestor must be notified.

Fees - General

When the Township must spend time assembling the records responsive to a request, the Act provides for the application of fees. In addition to the $5.00 application fee, the Act provides that costs are to be borne by those who request access to information or in certain instances where fees can be waived under Section 45 of the Act.

Where a department presently charges a fee for a copy of a type of document under the "traditional access" or where another Act provides that certain costs can be charged for access to records, it can continue to do so after January 1, 1991.

All cheques must be made payable to The Township of Greater Madawaska.
Fee Schedule :
 

Applicable costs which can be charged to the requester are listed below. If, however, the cost to prepare a request is over $25.00 the requestor may be given a fee estimate before completing the request. NOTE: The records will not be severed, copied or released until the fee is paid or waived.

Fee

Explanation

Rate

Search Time/
Record Preparation Charges

A charge may be applied for every hour of manual search time needed to locate a record and/or the time involved in physically severing exempt material in preparation for disclosure

$7.50/15 minutes/person

Photocopying Charges

$.20/page

Shipping Costs

Shipping charges such as postage or courier can be applied.

How to correct information held about you

Where the Township collects personal information about individuals, the Act provides that individuals have the right to correct their own personal information if it is in error. This applies only to personal information to which the requestor has been given access. After access has been granted to personal information, the individual has the right to request:

a. correction of personal information;
b. a statement of disagreement be attached to the record;
c. notification of correction or disagreement be sent to those whom his/her personal information was disclosed within the previous year

The right of correction applies only to personal information to which an individual is provided access.

Again, requestors must complete a Request Form and remit a $5.00 payment.
The Township decides whether the correction will be made. Once it has been decided whether or not the information is to be corrected, the Chief Administrative Officer will notify the requestor. These decisions may be appealed to the Office of the Information Privacy Commissioner:

https://www.ipc.on.ca/english/About-Us/How-to-Reach-Us/

  
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