Access to records held by the Town is governed under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). The MFIPPA promotes transparency of government by facilitating access to records by the public while balancing the right to access with the need for privacy where applicable.
Principles of the Act
The MFIPPA applies to government organizations, including municipalities and provides the right of access to records held by the municipality in accordance with the principles summarized below.
- Information should be made available to the public.
- Individuals should have access to their own personal information.
- Exceptions to access should be limited and specific.
- The privacy of individuals with respect to the personal information the municipality collects and maintains shall be protected.
- Decisions on the disclosure of government information may be reviewed by the Information and Privacy Commissioner.
Routine Access The Town of Whitby endeavours to provide as much information as possible to the public without the necessity of submitting a formal request under the Act. Any person wishing to access any records held by the Town of Whitby should first contact the department that holds the records and departmental staff will determine whether the request should be submitted formally under MFIPPA or whether the records will be provided as a routine disclosure.Formal RequestsMFIPPA recognizes that the right of access to information is not absolute. In some instances, it is necessary to protect the confidentiality of certain records and to protect the privacy of personal information held by government institutions. Requests for information about another person or information that contains details regarding a third party may require a formal request.
Making a Formal RequestApplicants must submit a completed Access/Correction Request form with the mandatory $5 application fee, and include as much detail about the information being requested as possible. In addition to the application fee, there may be other fees involved as set out in the Act and its regulations. Applications are to be submitted to the Town of Whitby, Office of the Town Clerk, 575 Rossland Road East, Whitby, ON, L1N 2M8.Response TimeThe Town responds to all formal requests within 30 days. Fees The following outlines fees that may be charged in response to requests for information:
- Application Fee: $5 to be paid when you submit your request.
- Search Time: $7.50 for each 15 minutes required to search and retrieve records.
- Record Preparation: $7.50 for each 15 minutes required to prepare records for release.
- Photocopying: $0.20 per page.
- Computer Programming: $15 for each 15 minutes needed to develop a program to retrieve information.
- Floppy Disks: $10 for each disk.
- Other possible fees charged as invoiced: Courier costs, etc.
If it is estimated that the fees to be paid will be $100 or more, you may be required to pay a 50 percent deposit. Fees may be paid by cash, money order, cheque, or debit card.Appeals
If you do not agree with the information provided, you may appeal the decision made by the Town Clerk to the Information and Privacy Commissioner. The Information and Privacy Commissioner is appointed by the Provincial Legislature and is independent of any government or public institution. The Information and Privacy Commissioner may be contacted at:Information and Privacy Commissioner/Ontario2 Bloor Street EastSuite 1400Toronto, Ontario M4W 1A8Phone: 1-800-387-0073There is an appeal fee of $10 for requests related to access to or correction of your personal information and a $25 appeal fee for requests related to access to general records. Appeal fees may be paid by cheque or money order made payable to the "Minister of Finance".
For more information, please visit the Information and Privacy Commissioner website.