Freedom of Information and Protection of Privacy Act
Ontario, Chapter F.31
PART II -- FREEDOM OF INFORMATION
ACCESS TO RECORDS
- Right of access
- 10. (1)
Every person has a right of access to a record or
a part of a record in the custody or under the control of an
institution unless the record or the part of the record falls
within one of the exemptions under
sections 12 to 22
,
the head shall disclose
as much of the record as can reasonably be severed without
disclosing the information that falls under one of the
exemptions.
[R.S.O. 1990, c.F.31, s.10.]
- Obligation to disclose
- 11. (1)
Despite any other provision of this Act, a head
shall, as soon as practicable, disclose any record to the
public or persons affected if the head has reasonable and
probable grounds to believe that it is in the public interest
to do so and that the record reveals a grave environmental,
health or safety hazard to the public.
- Notice
- (2)
Before disclosing a record under subsection (1), the
head shall cause notice to be given to any person to whom the
information in the record relates, if it is practicable to do so.
- Contents of notice
- (3)
The notice shall contain,
- (a)
a statement that the head intends to release a
record or a part of a record that may affect the
interests of the person;
- (b)
a description of the contents of the record or
part that relate to the person; and
- (c)
a statement that if the person makes
representations forthwith to the head as to why
the record or part thereof should not be
disclosed, those representations will be
considered by the head.
- Representations
- (4)
A person who is given notice under subsection (2) may
make representations forthwith to the head concerning why the
record or part should not be disclosed.
[R.S.O. 1990, c.F.31, s.11.]
EXEMPTIONS
- Cabinet records
- 12. (1)
A head shall refuse to disclose a record where the
disclosure would reveal the substance of deliberations of the
Executive Council or its committees, including,
- (a)
an agenda, minute or other record of the
deliberations or decisions of the Executive
Council or its committees;
- (b)
a record containing policy options or
recommendations submitted, or prepared for
submission, to the Executive Council or its
committees;
- (c)
a record that does not contain policy options or
recommendations referred to in clause (b) and
that does contain background explanations or
analyses of problems submitted, or prepared for
submission, to the Executive Council or its
committees for their consideration in making
decisions, before those decisions are made and
implemented;
- (d)
a record used for or reflecting consultation
among ministers of the Crown on matters relating
to the making of government decisions or the
formulation of government policy;
- (e)
a record prepared to brief a minister of the
Crown in relation to matters that are before or
are proposed to be brought before the Executive
Council or its committees, or are the subject of
consultations among ministers relating to
government decisions or the formulation of
government policy; and
- (f)
draft legislation or regulations.
- Exception
- (2)
Despite subsection (1), a head shall not refuse under
subsection (1) to disclose a record where,
- (a)
the record is more than twenty years old; or
- (b)
the Executive Council for which, or in respect
of which, the record has been prepared consents
to access being given.
[R.S.O. 1990, c.F.31, s.12.]
- Advice to government
- 13. (1)
A head may refuse to disclose a record where the
disclosure would reveal advice or recommendations of a public
servant, any other person employed in the service of an
institution or a consultant retained by an institution.
- Exception
- (2)
Despite subsection (1), a head shall not refuse under
subsection (1) to disclose a record that contains,
- (a)
factual material;
- (b)
a statistical survey;
- (c)
a report by a valuator, whether or not the
valuator is an officer of the institution;
- (d)
an environmental impact statement or similar record;
- (e)
a report of a test carried out on a product for
the purpose of government equipment testing or a
consumer test report;
- (f)
a report or study on the performance or
efficiency of an institution, whether the report
or study is of a general nature or is in respect
of a particular program or policy;
- (g)
a feasibility study or other technical study,
including a cost estimate, relating to a
government policy or project;
- (h)
a report containing the results of field
research undertaken before the formulation of a
policy proposal;
- (i)
a final plan or proposal to change a program of
an institution, or for the establishment of a
new program, including a budgetary estimate for
the program, whether or not the plan or proposal
is subject to approval, unless the plan or
proposal is to be submitted to the Executive
Council or its committees;
- (j)
a report of an interdepartmental committee task
force or similar body, or of a committee or task
force within an institution, which has been
established for the purpose of preparing a
report on a particular topic, unless the report
is to be submitted to the Executive Council or
its committees;
- (k)
a report of a committee, council or other body
which is attached to an institution and which
has been established for the purpose of
undertaking inquiries and making reports or
recommendations to the institution;
- (l)
the reasons for a final decision, order or
ruling of an officer of the institution made
during or at the conclusion of the exercise of
discretionary power conferred by or under an
enactment or scheme administered by the
institution, whether or not the enactment or
scheme allows an appeal to be taken against the
decision, order or ruling, whether or not the
reasons,
- (i)
are contained in an internal memorandum
of the institution or in a letter
addressed by an officer or employee of
the institution to a named person, or
- (ii)
were given by the officer who made the
decision, order or ruling or were
incorporated by reference into the
decision, order or ruling.
- Idem
- (3)
Despite subsection (1), a head shall not refuse under
subsection (1) to disclose a record where the record is more
than twenty years old or where the head has publicly cited
the record as the basis for making a decision or formulating
a policy.
[R.S.O. 1990, c.F.31, s.13.]
- Law enforcement
- 14. (1)
A head may refuse to disclose a record where the
disclosure could reasonably be expected to,
- (a)
interfere with a law enforcement matter;
- (b)
interfere with an investigation undertaken with
a view to a law enforcement proceeding or from
which a law enforcement proceeding is likely to result;
- (c)
reveal investigative techniques and procedures
currently in use or likely to be used in law enforcement;
- (d)
disclose the identity of a confidential source
of information in respect of a law enforcement
matter, or disclose information furnished only
by the confidential source;
- (e)
endanger the life or physical safety of a law
enforcement officer or any other person;
- (f)
deprive a person of the right to a fair trial or
impartial adjudication;
- (g)
interfere with the gathering of or reveal law
enforcement intelligence information respecting
organizations or persons;
- (h)
reveal a record which has been confiscated from
a person by a peace officer in accordance with
an Act or regulation;
- (i)
endanger the security of a building or the
security of a vehicle carrying items, or of a
system or procedure established for the
protection of items, for which protection is
reasonably required;
- (j)
facilitate the escape from custody of a person
who is under lawful detention;
- (k)
jeopardize the security of a centre for lawful detention; or
- (l)
facilitate the commission of an unlawful act or
hamper the control of crime.
- Idem
- (2)
A head may refuse to disclose a record,
- (a)
that is a report prepared in the course of law
enforcement, inspections or investigations by an
agency which has the function of enforcing and
regulating compliance with a law;
- (b)
that is a law enforcement record where the
disclosure would constitute an offence under an
Act of Parliament;
- (c)
that is a law enforcement record where the
disclosure could reasonably be expected to
expose the author of the record or any person
who has been quoted or paraphrased in the record
to civil liability; or
- (d)
that contains information about the history,
supervision or release of a person under the
control or supervision of a correctional authority.
- Refusal to confirm or deny existence of record
- (3)
A head may refuse to confirm or deny the existence of a
record to which subsection (1) or (2) apply.
- Exception
- (4)
Despite clause (2)(a), a head shall disclose a record
that is a report prepared in the course of routine
inspections by an agency where that agency is authorized to
enforce and regulate compliance with a particular statute of
Ontario.
- Idem
- (5)
Subsections (1) and (2) do not apply to a record on the
degree of success achieved in a law enforcement program
including statistical analyses unless disclosure of such a
record may prejudice, interfere with or adversely affect any
of the matters referred to in those subsections.
[R.S.O. 1990, c.F.31, s.14.]
- Relations with other governments
- 15.
A head may refuse to disclose a record where the
disclosure could reasonably be expected to,
- (a)
prejudice the conduct of intergovernmental
relations by the Government of Ontario or an
institution;
- (b)
reveal information received in confidence from
another government or its agencies by an
institution; or
- (c)
reveal information received in confidence from
an international organization of states or a
body thereof by an institution,
and shall not disclose any such record without the prior
approval of the Executive Council.
[R.S.O. 1990, c.F.31, s.15.]
- Defence
- 16.
A head may refuse to disclose a record where the
disclosure could reasonably be expected to prejudice the
defence of Canada or of any foreign state allied or
associated with Canada or be injurious to the detection,
prevention or suppression of espionage, sabotage or terrorism
and shall not disclose any such record without the prior
approval of the Executive Council.
[R.S.O. 1990, c.F.31, s.16.]
- Third party information
- 17. (1)
A head shall refuse to disclose a record that
reveals a trade secret or scientific, technical, commercial,
financial or labour relations information, supplied in
confidence implicitly or explicitly, where the disclosure
could reasonably be expected to,
- (a)
prejudice significantly the competitive position
or interfere significantly with the contractual
or other negotiations of a person, group of
persons, or organization;
- (b)
result in similar information no longer being
supplied to the institution where it is in the
public interest that similar information
continue to be so supplied;
- (c)
result in undue loss or gain to any person,
group, committee or financial institution or
agency; or
- (d)
reveal information supplied to or the report of
a conciliation officer, mediator, labour
relations officer or other person appointed to
resolve a labour relations dispute.
- Tax information
- (2)
A head shall refuse to disclose a record that reveals
information that was obtained on a tax return or gathered for
the purpose of determining tax liability or collecting a tax.
- Consent to disclosure
- (3)
A head may disclose a record described in subsection (1) or (2)
if the person to whom the information relates
consents to the disclosure.
[R.S.O. 1990, c.F.31, s.17.]
- Economic and other interests of Ontario
- 18. (1)
A head may refuse to disclose a record that contains,
- (a)
trade secrets or financial, commercial,
scientific or technical information that belongs
to the Government of Ontario or an institution
and has monetary value or potential monetary value;
- (b)
information obtained through research by an
employee of an institution where the disclosure
could reasonably be expected to deprive the
employee of priority of publication;
- (c)
information where the disclosure could
reasonably be expected to prejudice the economic
interests of an institution or the competitive
position of an institution;
- (d)
information where the disclosure could
reasonably be expected to be injurious to the
financial interests of the Government of Ontario
or the ability of the Government of Ontario to
manage the economy of Ontario;
- (e)
positions, plans, procedures, criteria or
instructions to be applied to any negotiations
carried on or to be carried on by or on behalf
of an institution or the Government of Ontario;
- (f)
plans relating to the management of personnel or
the administration of an institution that have
not yet been put into operation or made public;
- (g)
information including the proposed plans,
policies or projects of an institution where the
disclosure could reasonably be expected to
result in premature disclosure of a pending
policy decision or undue financial benefit or
loss to a person;
- (h)
questions that are to be used in an examination
or test for an educational purpose;
- (i)
submissions under the Municipal Boundary Negotiations Act
by a party municipality or
other body before the matter to which the
submissions relate is resolved under that Act.
- Exception
- (2)
A head shall not refuse under subsection (1) to
disclose a record that contains the results of product or
environmental testing carried out by or for an institution, unless,
- (a)
the testing was done as a service to a person, a
group of persons or an organization other than
an institution and for a fee; or
- (b)
the testing was conducted as preliminary or
experimental tests for the purpose of developing
methods of testing.
[R.S.O. 1990, c.F.31, s.18.]
- Solicitor-client privilege
- 19.
A head may refuse to disclose a record that is subject
to solicitor-client privilege or that was prepared by or for
Crown counsel for use in giving legal advice or in
contemplation of or for use in litigation.
[R.S.O. 1990, c.F.31, s.19.]
- Danger to safety or health
- 20.
A head may refuse to disclose a record where the
disclosure could reasonably be expected to seriously threaten
the safety or health of an individual.
[R.S.O. 1990, c.F.31, s.20.]
- Personal privacy
- 21. (1)
A head shall refuse to disclose personal
information to any person other than the individual to whom
the information relates except,
- (a)
upon the prior written request or consent of the
individual, if the record is one to which the
individual is entitled to have access;
- (b)
in compelling circumstances affecting the health
or safety of an individual, if upon disclosure
notification thereof is mailed to the last known
address of the individual to whom the
information relates;
- (c)
personal information collected and maintained
specifically for the purpose of creating a
record available to the general public;
- (d)
under an Act of Ontario or Canada that expressly
authorizes the disclosure;
- (e)
for a research purpose if,
- (i)
the disclosure is consistent with the
conditions or reasonable expectations of
disclosure under which the personal
information was provided, collected or
obtained,
- (ii)
the research purpose for which the
disclosure is to be made cannot be
reasonably accomplished unless the
information is provided in individually
identifiable form, and
- (iii)
the person who is to receive the record
has agreed to comply with the conditions
relating to security and confidentiality
prescribed by the regulations; or
- (f)
if the disclosure does not constitute an
unjustified invasion of personal privacy.
- Criteria re invasion of privacy
- (2)
A head, in determining whether a disclosure of personal
information constitutes an unjustified invasion of personal
privacy, shall consider all the relevant circumstances,
including whether,
- (a)
the disclosure is desirable for the purpose of
subjecting the activities of the Government of
Ontario and its agencies to public scrutiny;
- (b)
access to the personal information may promote
public health and safety;
- (c)
access to the personal information will promote
informed choice in the purchase of goods and
services;
- (d)
the personal information is relevant to a fair
determination of rights affecting the person who
made the request;
- (e)
the individual to whom the information relates
will be exposed unfairly to pecuniary or other harm;
- (f)
the personal information is highly sensitive;
- (g)
the personal information is unlikely to be accurate or reliable;
- (h)
the personal information has been supplied by
the individual to whom the information relates
in confidence; and
- (i)
the disclosure may unfairly damage the
reputation of any person referred to in the record.
- Presumed invasion of privacy
- (3)
A disclosure of personal information is presumed to
constitute an unjustified invasion of personal privacy where
the personal information,
- (a)
relates to a medical, psychiatric or
psychological history, diagnosis, condition,
treatment or evaluation;
- (b)
was compiled and is identifiable as part of an
investigation into a possible violation of law,
except to the extent that disclosure is
necessary to prosecute the violation or to
continue the investigation;
- (c)
relates to eligibility for social service or
welfare benefits or to the determination of
benefit levels;
- (d)
relates to employment or educational history;
- (e)
was obtained on a tax return or gathered for the
purpose of collecting a tax;
- (f)
describes an individual's finances, income,
assets, liabilities, net worth, bank balances,
financial history or activities, or
creditworthiness;
- (g)
consists of personal recommendations or
evaluations, character references or personnel
evaluations; or
- (h)
indicates the individual's racial or ethnic
origin, sexual orientation or religious or
political beliefs or associations.
- Limitation
- (4)
Despite subsection (3), a disclosure does not
constitute an unjustified invasion of personal privacy if it,
- (a)
discloses the classification, salary range and
benefits, or employment responsibilities of an
individual who is or was an officer or employee
of an institution or a member of the staff of a minister;
- (b)
discloses financial or other details of a
contract for personal services between an
individual and an institution; or
- (c)
discloses details of a licence or permit or a
similar discretionary financial benefit
conferred on an individual by an institution or
a head under circumstances where,
- (i)
the individual represents 1 per cent or
more of all persons and organizations in
Ontario receiving a similar benefit, and
- (ii)
the value of the benefit to the
individual represents 1 per cent or more
of the total value of similar benefits
provided to other persons and
organizations in Ontario.
- Refusal to confirm or deny existence of record
- (5)
A head may refuse to confirm or deny the existence of a
record if disclosure of the record would constitute an
unjustified invasion of personal privacy.
[R.S.O. 1990, c.F.31, s.21.]
- Information soon to be published
- 22.
A head may refuse to disclose a record where,
- (a)
the record or the information contained in the
record has been published or is currently
available to the public; or
- (b)
the head believes on reasonable grounds that the
record or the information contained in the
record will be published by an institution
within ninety days after the request is made or
within such further period of time as may be
necessary for printing or translating the
material for the purpose of printing it.
[R.S.O. 1990, c.F.31, s.22.]
- Exemptions not to apply
- 23.
An exemption from disclosure of a record under
sections 13
,
15
,
17
,
18
,
20
and
21
does not apply where a compelling
public interest in the disclosure of the record clearly
outweighs the purpose of the exemption.
[R.S.O. 1990, c.F.31, s.23.]
ACCESS PROCEDURE
- Request
- 24. (1)
A person seeking access to a record shall make a
request therefor in writing to the institution that the
person believes has custody or control of the record and
shall provide sufficient detail to enable an experienced
employee of the institution, upon a reasonable effort, to
identify the record.
- Sufficiency of detail
- (2)
If the request does not sufficiently describe the
record sought, the institution shall inform the applicant of
the defect and shall offer assistance in reformulating the
request so as to comply with subsection (1).
- Request for continuing access to record
- (3)
The applicant may indicate in the request that it
shall, if granted, continue to have effect for a specified
period of up to two years.
- Institution to provide schedule
- (4)
When a request that is to continue to have effect is
granted, the institution shall provide the applicant with,
- (a)
a schedule showing dates in the specified period
on which the request shall be deemed to have
been received again, and explaining why those
dates were chosen; and
- (b)
a statement that the applicant may ask the
Commissioner to review the schedule.
- Act applies as if new requests were being made
- (5)
This Act applies as if a new request were being made on
each of the dates shown in the schedule.
[R.S.O. 1990, c.F.31, s.24.]
- Request to be forwarded
- 25. (1)
Where an institution receives a request for access
to a record that the institution does not have in its custody
or under its control, the head shall make all necessary
inquiries to determine whether another institution has
custody or control of the record, and where the head
determines that another institution has custody or control of
the record, the head shall within fifteen days after the
request is received,
- (a)
forward the request to the other institution; and
- (b)
give written notice to the person who made the
request that it has been forwarded to the other
institution.
- Transfer of request
- (2)
Where an institution receives a request for access to a
record and the head considers that another institution has a
greater interest in the record, the head may transfer the
request and, if necessary, the record to the other
institution, within fifteen days after the request is
received, in which case the head transferring the request
shall give written notice of the transfer to the person who
made the request.
- Greater interest
- (3)
For the purpose of subsection (2), another institution
has a greater interest in a record than the institution that
receives the request for access if,
- (a)
the record was originally produced in or for the
other institution; or
- (b)
in the case of a record not originally produced
in or for an institution, the other institution
was the first institution to receive the record
or a copy thereof.
- When transferred request deemed made
- (4)
Where a request is forwarded or transferred under
subsection (1) or (2), the request shall be deemed to have
been made to the institution to which it is forwarded or
transferred on the day the institution to which the request
was originally made received it.
- Institution
- (5)
In this section, "institution" includes an institution
as defined in
section 2
of the
Municipal Freedom of Information
and Protection of Privacy Act
.
[R.S.O. 1990, c.F.31, s.25.]
- Notice by head
- 26.
Where a person requests access to a record, the head of
the institution to which the request is made or if a request
is forwarded or transferred under
section 25
,
the head of the
institution to which it is forwarded or transferred, shall,
subject to
sections 27
and
28
,
within thirty days after the
request is received,
- (a)
give written notice to the person who made the
request as to whether or not access to the
record or a part thereof will be given; and
- (b)
if access is to be given, give the person who
made the request access to the record or part
thereof, and where necessary for the purpose
cause the record to be produced.
[R.S.O. 1990, c.F.31, s.26.]
- Extension of time
- 27. (1)
A head may extend the time limit set out in
section 26
for a period of time that is reasonable in the
circumstances, where,
- (a)
the request is for a large number of records or
necessitates a search through a large number of
records and meeting the time limit would
unreasonably interfere with the operations of
the institution; or
- (b)
consultations with a person outside the
institution are necessary to comply with the
request and cannot reasonably be completed
within the time limit.
- Notice of extension
- (2)
Where a head extends the time limit under subsection (1),
the head shall give the person who made the request
written notice of the extension setting out,
- (a)
the length of the extension;
- (b)
the reason for the extension; and
- (c)
that the person who made the request may ask the
Commissioner to review the extension.
[R.S.O. 1990, c.F.31, s.27.]
- Notice to affected person
- 28. (1)
Before a head grants a request for access to a record,
- (a)
that the head has reason to believe might
contain information referred to in
subsection 17(1)
that affects the interest of a person
other than the person requesting information; or
- (b)
that is personal information that the head has
reason to believe might constitute an
unjustified invasion of personal privacy for
the purposes of
clause 21(1)(f)
,
the head shall give written notice in accordance with
subsection (2) to the person to whom the information relates.
- Contents of notice
- (2)
The notice shall contain,
- (a)
a statement that the head intends to release a
record or part thereof that may affect the
interests of the person;
- (b)
a description of the contents of the record or
part thereof that relate to the person; and
- (c)
a statement that the person may, within twenty
days after the notice is given, make
representations to the head as to why the record
or part thereof should not be disclosed.
- Time for notice
- (3)
The notice referred to in subsection (1) shall be given
within thirty days after the request for access is received
or, where there has been an extension of a time limit under
subsection 27(1)
,
within that extended time limit.
- Notice of delay
- (4)
Where a head gives notice to a person under subsection (1),
the head shall also give the person who made the request
written notice of delay, setting out,
- (a)
that the record or part thereof may affect the
interests of another party;
- (b)
that the other party is being given an
opportunity to make representations concerning
disclosure; and
- (c)
that the head will within thirty days decide
whether or not to disclose the record.
- Representation re disclosure
- (5)
Where a notice is given under subsection (1), the
person to whom the information relates may, within twenty
days after the notice is given, make representations to the
head as to why the record or the part thereof should not be
disclosed.
- Representation in writing
- (6)
Representations under subsection (5) shall be made in
writing unless the head permits them to be made orally.
- Decision re disclosure
- (7)
The head shall, within thirty days after the notice
under subsection (1) is given, but not before the earlier of,
- (a)
the day the response to the notice from the
person to whom the information relates is
received; or
- (b)
twenty-one days after the notice is given,
decide whether or not to disclose the record or the part
thereof and give written notice of the decision to the person
to whom the information relates and the person who made the request.
- Notice of head's decision to disclose
- (8)
Where a head decides to disclose a record or part
thereof under subsection (7), the head shall state in the
notice that,
- (a)
the person to whom the information relates may
appeal the decision to the Commissioner within
thirty days after the notice is given; and
- (b)
the person who made the request will be given
access to the record or to a part thereof,
unless an appeal of the decision is commenced
within thirty days after the notice is given.
- Access to be given unless affected person appeals
- (9)
Where, under subsection (7), the head decides to
disclose the record or a part thereof, the head shall give
the person who made the request access to the record or part
thereof within thirty days after notice is given under
subsection (7), unless the person to whom the information
relates asks the Commissioner to review the decision.
[R.S.O. 1990, c.F.31, s.28.]
- Contents of notice of refusal
- 29. (1)
Notice of refusal to give access to a record or a
part thereof under
section 26
shall set out,
- (a)
where there is no such record,
- (i)
that there is no such record, and
- (ii)
that the person who made the request may
appeal to the Commissioner the question
of whether such a record exists; or
- (b)
where there is such a record,
- (i)
the specific provision of this Act under which access is refused,
- (ii)
the reason the provision applies to the record,
- (iii)
the name and position of the person
responsible for making the decision, and
- (iv)
that the person who made the request may
appeal to the Commissioner for a review
of the decision.
- Idem
- (2)
Where a head refuses to confirm or deny the existence
of a record as provided in
subsection 14(3)
(law enforcement)
or
subsection 21(5)
(unjustified invasion of personal privacy),
the head shall state in the notice given
under
section 26
,
- (a)
that the head refuses to confirm or deny the
existence of the record;
- (b)
the provision of this Act on which the refusal is based;
- (c)
the name and office of the person responsible
for making the decision; and
- (d)
that the person who made the request may appeal
to the Commissioner for a review of the decision.
- Idem
- (3)
Where a head refuses to disclose a record or part
thereof under
subsection 28(7)
,
the head shall state in the
notice given under
subsection 28(7)
,
- (a)
the specific provision of this Act under which
access is refused;
- (b)
the reason the provision named in clause (a)
applies to the record;
- (c)
the name and office of the person responsible
for making the decision to refuse access; and
- (d)
that the person who made the request may appeal
to the Commissioner for a review of the
decision.
- Deemed refusal
- (4)
A head who fails to give the notice required under
section 26
or
subsection 28(7)
concerning a record shall be
deemed to have given notice of refusal to give access to the
record on the last day of the period during which notice
should have been given.
[R.S.O. 1990, c.F.31, s.29.]
- Copy of record
- 30. (1)
Subject to subsection (2), a person who is given
access to a record or a part thereof under this Act shall be
given a copy thereof unless it would not be reasonably
practicable to reproduce the record or part thereof by reason
of its length or nature, in which case the person shall be
given an opportunity to examine the record or part thereof in
accordance with the regulations.
- Access to original record
- (2)
Where a person requests the opportunity to examine a
record or a part thereof and it is reasonably practicable to
give the person that opportunity, the head shall allow the
person to examine the record or part thereof in accordance
with the regulations.
- Copy of part
- (3)
Where a person examines a record or a part thereof and
wishes to have portions of it copied, the person shall be
given a copy of those portions unless it would not be
reasonably practicable to reproduce them by reason of their
length or nature.
[R.S.O. 1990, c.F.31, s.30.]
INFORMATION TO BE PUBLISHED OR AVAILABLE
- Publication of information re institutions
- 31.
The responsible minister shall cause to be published
annually a compilation listing all institutions and, in
respect of each institution, setting out,
- (a)
where a request for a record should be made;
- (b)
the name and office of the head of the institution;
- (c)
where the material referred to in
sections 32
,
33
,
34
and
45
has been made available; and
- (d)
whether the institution has a library or reading
room which is available for public use, and if
so, its address.
[R.S.O. 1990, c.F.31, s.31.]
- Operation of institutions
- 32.
The responsible minister shall cause to be published
annually an indexed compilation containing,
- (a)
a description of the organization and
responsibilities of each institution including
details of the programs and functions of each
division or branch of each institution;
- (b)
a list of the general classes or types of
records prepared by or in the custody or control
of each institution;
- (c)
the title, business telephone number and
business address of the head of each
institution; and
- (d)
any amendment of information referred to in
clause (a), (b) or (c) that has been made
available in accordance with this section.
[R.S.O. 1990, c.F.31, s.32.]
- Institution documents
- 33. (1)
A head shall make available, in the manner
described in
section 35
,
- (a)
manuals, directives or guidelines prepared by
the institution, issued to its officers and
containing interpretations of the provisions of
any enactment or scheme administered by the
institution where the interpretations are to be
applied by, or are to be guidelines for, any
officer who determines,
- (i)
an application by a person for a right,
privilege or benefit which is conferred
by the enactment or scheme,
- (ii)
whether to suspend, revoke or impose new
conditions on a right, privilege or
benefit already granted to a person under
the enactment or scheme, or
- (iii)
whether to impose an obligation or
liability on a person under the enactment
or scheme; or
- (b)
instructions to, and guidelines for, officers of
the institution on the procedures to be
followed, the methods to be employed or the
objectives to be pursued in their administration
or enforcement of the provisions of any
enactment or scheme administered by the
institution that affects the public.
- Deletions
- (2)
A head may delete from a document made available under
subsection (1) any record or part of a record which the head
would be entitled to refuse to disclose where the head
includes in the document,
- (a)
a statement of the fact that a deletion has been made;
- (b)
a brief statement of the nature of the record
which has been deleted; and
- (c)
a reference to the provision of this Act on
which the head relies.
[R.S.O. 1990, c.F.31, s.33.]
- Annual report of head
- 34. (1)
A head shall make an annual report, in accordance
with subsection (2), to the Commissioner.
- Contents of report
- (2)
A report made under subsection (1) shall specify,
- (a)
the number of requests under this Act for access
to records made to the institution;
- (b)
the number of refusals by the head to disclose a
record, the provisions of this Act under which
disclosure was refused and the number of
occasions on which each provision was invoked;
- (c)
the number of uses or purposes for which
personal information is disclosed where the use
or purpose is not included in the statements of
uses and purposes set forth under
clauses 45(d) and (e)
;
- (d)
the amount of fees collected by the institution
under
section 57
;
and
- (e)
any other information indicating an effort by
the institution to put into practice the
purposes of this Act.
[R.S.O. 1990, c.F.31, s.34.]
- Documents made available
- 35. (1)
The responsible minister shall cause the materials
described in
sections 31
,
32
and
45
to be made generally
available for inspection and copying by the public and shall
cause them to be made available to the public in the reading
room, library or office designated by each institution for
this purpose.
- Idem
- (2)
Every head shall cause the materials described in
sections 33
and
34
to be made available to the public in the
reading room, library or office designated by each
institution for this purpose.
[R.S.O. 1990, c.F.31, s.35.]
- Information from heads
- 36.
Every head shall provide to the responsible minister at
the responsible minister's request, the information needed
by the responsible minister to prepare the materials
described in
sections 31
,
32
and
45
.
[R.S.O. 1990, c.F.31, s.36.]
[
<== Part I - Administration
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[
Part III - Protection of Individual Privacy
]