Appendices

Appendix 1: Sample Draft By-Law Designating Head Under MFIPPA

THE CORPORATION OF THE [insert name of Municipal Corporation]

BY-LAW No. [Insert by-law number]

Being a By-law to designate a head of the Municipal Corporation for the purposes of the Municipal Freedom of Information and Protection of Privacy Act.

Whereas, under Section 3, subsection 1 of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56 (here after the ‘Act’), the council of a municipal corporation may by by-law designate from among its members an individual or a committee of the council to act as head of the municipal corporation for the purposes of the Act:

And, whereas the council deems it necessary and expedient to designate a head for the purposes of the Act:

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE [insert name] ENACTS AS FOLLOWS:

1. That [insert name/position of member of council or committee of council] be designated as head for the purposes of the Act.

2. That this by-law come into force and effect on [insert date].

Read a first and second time this [insert day] day of [insert month], [insert year].

[Insert signature of Clerk and head of Council]

Read a third time and passed this [insert day] day of [insert month], [insert year].

[Insert signature of Clerk and head of Council]

[Insert seal of the municipal corporation]

Appendix 2: Sample Resolution Designating Head Under MFIPPA

RESOLUTION

FOR [insert board commission or other body name]

MOVED BY: [insert name of individual]

SECONDED BY: [insert name of individual]

Whereas, under Section 3, subsection (2) of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990 c.M.56 (here after the ‘Act’) the members elected or appointed to a board, commission or other body that is an institution under the Act may designate in writing from among its members an individual or committee of the body to act as head of the institution for the purposes of the Act:

And whereas the [insert name of board, commission or other body] deems it necessary and expedient to designate a head for the purposes of the Act:

Now, therefore, the [insert name of board, commission or other body] resolves as follows:

1. That the [insert name of board, commission or other body] hereby designates [insert the name or position of individual or committee] as head for the purposes of the Act.
2. That this resolution come into force and effect on [insert date here].

[Insert signature of Secretary or Chairperson]

Appendix 3: Sample Delegation of Authority

3.1 – Detailed Delegation of Authority

[Insert institution name]

DELEGATION OF POWERS AND DUTIES OF THE HEAD UNDER THE MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPA)

1.0 Delegation

1.1 Pursuant to subsection [62 (1) of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31 OR 49 (1) of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56] and subject to section 2.0 below, I hereby delegate the powers and duties of the [insert title of head] as head of the [insert institution name] to the following officers of the institution:

(a) [Insert title of delegated position]; and

(b) [Insert additional title of delegated positions as needed];

2.0 Limitations, restrictions, conditions and requirements

2.1 The officers of the institution listed in section 1.1 above shall exercise the delegated powers and perform the delegated duties as outlined in Schedules A, B, and C.

2.2 The powers and duties delegated to each of the delegates named herein may also be exercised by such persons who hold the position in an acting capacity to which he or she has been duly appointed, or by such persons who are duly authorized to act for the delegate in his or her absence.

3.0 Effect on previous delegations

3.1 The previous delegations under the Act by the [insert title of head of institution] are hereby revoked.

4.0 Term of delegation

4.1 This delegation is effective from the date set out below and shall remain in effect until such date as it is revoked by the [insert title of head of institution].

[Insert signature of head] [Insert date]

Schedule A to Sample Delegation of Authority – Access to Information Decisions

Table list clauses in Act and indicates what officers have delegated responsibilities.

Schedule B to Sample Delegation of Authority – Administering the FOI Process

Table list clauses in Act and indicates what officers have delegated responsibilities

Schedule C to Sample Delegation of Authority – Privacy and Security Responsibilities

Table list clauses in Act and indicates what officers have delegated responsibilities.

3.2 – Simplified Delegation of Authority for Small Institutions

[Insert institution name]

DELEGATION OF POWERS AND DUTIES OF THE HEAD UNDER THE MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPA)

[I OR We] [Insert name of head of the institution for the purposes of the Act], delegate all powers and duties under the [Municipal] Freedom of Information and Protection of Privacy Act to [insert position title of delegated decision maker] effective on [insert date].

[Insert signature and title of head]

[Insert date]

Appendix 4: Template Letters for Request Processing

4.1 – Letter to Requester Acknowledging Request - Standard

[Insert date]

[Insert name and address of requester]

Access Request: [insert access request number]

Dear [insert name of requester]:

I am writing to inform you that your access request under the [Municipal] Freedom of Information and Protection of Privacy Act, along with your $5.00 application fee, was received in our office on [insert date] and is being processed.

Your request is for the following information:

[Insert details of records requested]

Should you have any questions, please contact [insert name, title and phone number of person responsible]. We would appreciate you using the above listed access request number in any further correspondence.

Sincerely,

[Insert signature]

4.2 – Letter to Requester Acknowledging Request – Application Fee Missing

[Insert date]

[Insert name and address of requester]

Access Request: [insert access request number]

Dear [insert name of requester]:

I am writing to inform you that your access request under the [Municipal] Freedom of Information and Protection of Privacy Act was received in our office on [insert date].

Your request is for the following information:

[Insert details of records requested]

In order to proceed with your request, we require a $5.00 application fee. If paying by cheque or money order, please make the application fee payable to [insert payee information]. Once we have received payment, we will proceed with processing your request.

If we do not hear from you within 30 days of this letter's date, we will close your file.

Should you have any questions, please contact [insert name, title and phone number of person responsible]. We would appreciate you using the above listed access request number in any further correspondence.

Sincerely,

[Insert signature]

4.3 – Letter to Requester Acknowledging Request – Clarification Required

[Insert date]

[Insert name and address of requester]

Access Request: [insert access request number]

Dear [insert name of requester]:

I am writing to inform you that your access request under the [Municipal] Freedom of Information and Protection of Privacy Act, along with your $5.00 application fee, was received in our office on [insert date].

Your request is for the following information:

[Insert details of records requested]

Unfortunately, the request does not provide sufficient detail to identify the record(s). Please supply the following information so that we may begin to process your request:

[Insert details of information needed]

We would be happy to answer any questions or assist you in clarifying or reformulating your request.

If we do not hear from you within 30 days of this letter's date, we will close your file.

Should you have any questions, please contact [insert name, title and phone number of person responsible]. We would appreciate you using the above listed access request number in any further correspondence.

Sincerely,

[Insert signature]

4.4 – Letter to Requester Acknowledging Request – Proof of Identity Required

[Insert date]

[Insert name and address of requester]

Access Request: [insert access request number]

Dear [insert name of requester]:

I am writing to inform you that your access request under the [Municipal] Freedom of Information and Protection of Privacy Act was received in our office on [insert date].

Your request is for the following information:

[Insert details of records requested]

Pursuant to paragraph 3 (3) of Regulation 460, we are required to verify the identity of individuals seeking access to their own personal information. Please provide our office with a photocopy of one piece of valid government issued photograph identification.

Once we have received verification of your identity, we will proceed with processing your request.

Should you have any questions or require an alternate method to verify your identity, please contact [insert name, title and phone number of person responsible]. We would appreciate you using the above listed access request number in any further correspondence.

Sincerely,

[Insert signature]

4.5 – Letter to Requester when Transferring of Forwarding a Request

[Insert date]

[Insert name and address of requester]

Access Request: [insert access request number]

Dear [insert name of requester]:

I am writing to inform you that your access request under the [Municipal] Freedom of Information and Protection of Privacy Act (hereafter ‘the ‘Act’), along with your $5.00 application fee, was received in our office on [insert date].

[Insert name and address of other institution] has [custody and control of OR a greater interest in] the records you seek. Under section [25 OR 18] of the Act, we [forwarded OR transferred] your access request to them. We have enclosed a copy of section [25 OR 18] for your review.

[If receiving institution is a different payee, add: Since we are not processing your request we are returning your $5.00 application fee with this letter. Please send a new application fee to the institution listed above.]

[If the receiving institution is the same payee (ie: the Minister of Finance), add: We have forwarded your $5.00 application fee along with your request. OR We have processed your $5.00 application fee on behalf of the receiving institution.]

Should you have any questions, please contact [insert name, title and phone number of person responsible]. We would appreciate you using the above listed access request number in any further correspondence.

Sincerely,

[Insert signature]

4.6 – Letter to Receiving Institution when Transferring or Forwarding a Request

[Insert date]

[Insert name and address of receiving institution]

Dear [insert name of requester]:

The enclosed request for access was received by our office on [insert date request was received].

This request is [transferred OR forwarded] to you under section [25 of the Freedom of Information and Protection of Privacy Act OR 18 of the Municipal Freedom of Information and Protection of Privacy Act] as we believe your institution has [custody or control of OR a greater interest in] the record.

[If receiving institution is a different payee, add: Since we are not processing your request we are returning your $5.00 application fee with this letter. Please send a new application fee to the institution listed above.]

[If the receiving institution is the same payee (ie: the Minister of Finance), add: We have forwarded your $5.00 application fee along with your request. OR We have processed your $5.00 application fee on behalf of the receiving institution.]

Should you have any questions, please contact [insert name, title and phone number of person responsible].

Sincerely,

[Insert signature]

4.7 – Letter to Requester – Notice of Time Extension

[Insert date]

[Insert name and address of requester]

Access Request: [insert access request number]

Dear [insert name of requester]:

I am writing regarding your access request under the [Municipal] Freedom of Information and Protection of Privacy Act (hereafter, ‘the Act’) received by our office on [insert date request was received].

A request under the Act usually must be answered within 30 calendar days; however, section [27 OR 20] allows for time extensions under certain circumstances. The time limit for answering your request has been extended for an additional [insert number of days] days to [insert new due date].

The reason for the time extension is [due to a large volume of records that must be searched in order to respond to your request OR due to a large volume of records that must be reviewed in order to respond to your request OR to conduct consultations with external parties].

A copy of section [27 OR 20] of the Act is enclosed for your information.

You may request the Information and Privacy Commissioner to review this decision to extend the timeline to response within thirty days from the date of this letter. The Commissioner’s address is Suite 1400, 2 Bloor Street East, Toronto, Ontario, M4W 1AAccess Request:The appeal fee is [$25.00 (for general record requests) OR $10.00 (for personal information requests)], payable by cheque or money order to the Minister of Finance and must be included with your correspondence.

Should you have any questions, please contact [insert name, title and phone number of person responsible]. We would appreciate you using the above listed access request number in any further correspondence.

Sincerely,

[Insert signature]

4.8 – Letter to Requester – Fee Estimate and Interim Decision - $25 to $99 Fee

[Insert date]

[Insert name and address of requester]

Access Request: [insert access request number]

Dear [insert name of requester]:

I am writing regarding your access request under the [Municipal] Freedom of Information and Protection of Privacy Act (hereafter, ‘the Act’) received by our office on [insert date request was received].

As we have not yet reviewed the records in detail, no final decision has been made regarding access but the following exemptions will likely apply. [Generally describe what exemptions might apply to the records].

Section [57 or 45] of the Act requires fees to be charged for processing a request. The fee estimate for processing this request is [insert total fee estimate]. The breakdown for your fee estimate is as follows:

• [$XX] for search time based on [insert time] hours of time at $7.50 per quarter hour;
• [$XX] for records preparation based on [insert time] hours of time at $7.50 per quarter hour; and
• [$XX] for photocopying based on [insert page numbers] pages at 20 cents per page.

Please note: this represents an estimate of fees based on preliminary work. The final fee calculation may vary. Please do not provide any fee payment at this time.

The Act provides that all or part of the fee can be waived if in our opinion it is fair and equitable to do so. You may be required to provide proof to support any waiver claims. Please notify [insert name, title and phone number] as soon as possible of your wish to proceed with a request for a fee waiver.

You may request the Information and Privacy Commissioner to review this fee estimate within thirty days from the date of this letter. The Commissioner’s address is Suite 1400, 2 Bloor Street East, Toronto, Ontario, M4W 1AAccess Request:The appeal fee is [$25.00 (for general record requests) OR $10.00 (for personal information requests)], payable by cheque or money order to the Minister of Finance and must be included with your correspondence.

Copies of section [insert sections of exemptions that may be claimed in interim decision] and [57 OR 45] of the Act are enclosed for your information.

Should you have any questions, please contact [insert name, title and phone number of person responsible]. We would appreciate you using the above listed access request number in any further correspondence.

Sincerely,

[Insert signature]

4.9 – Letter to Requester – Fee Estimate and Interim Decision – Over $100 Fee

[Insert date]

[Insert name and address of requester]

Access Request: [insert access request number]

Dear [insert name of requester]:

I am writing regarding your access request under the [Municipal] Freedom of Information and Protection of Privacy Act (hereafter, ‘the Act’) received by our office on [insert date request was received].

As we have not yet reviewed the records in detail, no final decision has been made regarding access but the following exemptions will likely apply. [Generally describe what exemptions might apply to the records].

Section [57 or 45] of the Act requires fees to be charged for processing a request. The fee estimate for processing this request is [insert total fee estimate]. The breakdown for your fee estimate is as follows:

• [$XX] for search time based on [insert time] hours of time @ $7.50 per quarter hour;
• [$XX] for records preparation based on [insert time] hours of time @ $7.50 per quarter hour; and
• [$XX] for photocopying based on [insert page numbers] pages @ 20 cents per page.

Subsection 7(1) of Regulation [460 OR 823] under the Act provides that when an estimate is over $100.00 the institution may collect 50% of the estimated fee prior to the completion of the request. Please make your cheque or money order for [insert 50% of total fee estimate] payable to the [insert payee information] and forward it to my attention. Receipt of the fee deposit is requested prior to completing your request. Please do not send the full estimate at this time. We will calculate the actual fee and include the balance owing when you are notified of the decision regarding your access request.

The Act provides that all or part of the fee can be waived if in our opinion it is fair and equitable to do so. You may be required to provide proof to support any waiver claims. Please notify [insert name, title and phone number] as soon as possible of your wish to proceed with a request for a fee waiver.

You may request the Information and Privacy Commissioner to review this fee estimate within thirty days from the date of this letter. The Commissioner’s address is Suite 1400, 2 Bloor Street East, Toronto, Ontario, M4W 1AAccess Request:The appeal fee is [$25.00 (for general record requests) OR $10.00 (for personal information requests)], payable by cheque or money order to the Minister of Finance and must be included with your correspondence.

Copies of section [insert sections of exemptions that may be claimed in interim decision] and [57 OR 45] of the Act are enclosed for your information.

Should you have any questions, please contact [insert name, title and phone number of person responsible]. We would appreciate you using the above listed access request number in any further correspondence.

Sincerely,

[Insert signature]

4.10 – Notice to Affected Person for Third Party Information

[Insert date]

[Insert name and address of third party]

Access Request: [insert access request number]

Dear [insert name of third party]:

[Insert name of institution] has received a request for access to records under the [Municipal] Freedom of Information and Protection of Privacy Act (hereafter ‘the Act’) to disclose [describe in detail the records as they relate to the affected third party].

According to section [28 OR 21] of the Act, a third party whose interests may be affected must be given the opportunity to make representations to the head of an institution concerning disclosure of the records.

To successfully qualify for a third party exemption, all of the following three tests must be met:

• The information must fit within one of the specified categories of third party information: trade secret or scientific, technical, commercial, financial or labour relations information;
• The information must have been supplied by the third party in confidence, implicitly or explicitly; and
• The disclosure of the information could reasonably be expected to cause one of the harms indicated below:
  • Prejudice your competitive position or interfere with any contractual rights you possess, or
  • Result in you no longer supplying this or similar information to [name of institution], or
  • Result in undue loss or gain to any person, business, or organization of which you are aware.

Under section [17 or 10] of the Act, we must release these records unless the above conditions are met. Copies of sections [17 and 28 OR 10 and 21] of the Act are enclosed along with the impacted records. Please review the attached records.

If you have concerns about the release of the records please contact us, in writing, no later than [insert date] outlining your concerns. In order to support your claims against the release of the records or portions of the records, you must show how those records meet the third party criteria listed above.

We will notify you in writing by [insert date] about our decision regarding the release of the records.

Should you have any questions, please contact [insert name, title and phone number of person responsible]. We would appreciate you using the above listed access request number in any further correspondence.

Sincerely,

[Insert signature]

4.11 – Notice to Affected Person for Personal Privacy

[Insert date]

[Insert name and address of affected party]

Access Request: [insert access request number]

Dear [insert name of affected party]:

[Insert name of institution] has received a request for access to records under the [Municipal] Freedom of Information and Protection of Privacy Act (hereafter ‘the Act’) to disclose [describe in detail the records as they relate to the s affected individual].

Section [28 OR 21] of the Act says individuals have the opportunity to make representations about the release of their personal information to a third party.

Your views regarding disclosure of these records would be appreciated. Please indicate in writing whether or not you consider that the disclosure of the enclosed records would be an invasion of your personal privacy. Section [21 OR 14] of the Act outlines circumstances where the disclosure of personal information may be an unjustified invasion of personal privacy.

Copies of sections [21 and 28 OR 14 and 21] are enclosed for your review.

Your response must be received no later than [insert date]. You will be notified in writing by [insert date] about our decision regarding the release of the records.

Should you have any questions, please contact [insert name, title and phone number of person responsible]. We would appreciate you using the above listed access request number in any further correspondence.

Sincerely,

[Insert signature]

4.12 – Letter to Requester – Notice of Delay Where a Third Party’s Interests are Impacted

[Insert date]

[Insert name and address of requester]

Access Request: [insert access request number]

Dear [insert name of requester]:

I am writing regarding your access request under the [Municipal] Freedom of Information and Protection of Privacy Act (hereafter, ‘the Act’) received by our office on [insert date request was received].

The disclosure of the records may affect the interests of a third party.

Under section [28 OR 21], we are required to notify third parties whose interest may be affected by the disclosure of records. Third parties then have an opportunity to make representations about the release of the record(s).

This process requires the timelines for response to be adjusted. A decision on whether or not the record(s) will be disclosed will be made by [insert date].

A copy of section [28 OR 21] of the Act is enclosed for your information.

Should you have any questions, please contact [insert name, title and phone number of person responsible]. We would appreciate you using the above listed access request number in any further correspondence.

Sincerely,

[Insert signature]

4.13 – Letter to Affected Person – Notice to Disclose Information

[Insert date]

[Insert name and address of affected party]

Access Request: [insert access request number]

Dear [insert name of affected party]:

Thank you for your representations dated [insert date on representations] concerning disclosure to [insert description or details of records]. A decision has been made to grant access [OR partial access] to the requester.

The official responsible for making the access decision on your request is [insert name and title of delegated decision maker].

You may request the Information and Privacy Commissioner to review this decision within thirty days from the date of this letter. The Commissioner’s address is Suite 1400, 2 Bloor Street East, Toronto, Ontario, M4W 1A8.

If no appeal is filed with the Information and Privacy Commissioner, full access to these records will be provided to the requester after [insert date].

Should you have any questions, please contact [insert name, title and phone number of person responsible]. We would appreciate you using the above listed access request number in any further correspondence.

Sincerely,

[Insert signature]

4.14 – Letter to Affected Person – Notice to Withhold Information

[Insert date]

[Insert name and address of affected party]

Access Request: [insert access request number]

Dear [insert name of affected party]:

Thank you for your representations dated [insert date on representations] concerning disclosure to [insert description or details of records].

After consideration of these representations, [insert name of institution] agrees with your submissions. Pursuant to section [17 OR 21 OR 10 OR 14] of the [Municipal Freedom of Information and Protection of Privacy Act, a decision has been made to deny the requester access to [insert description or details of records] in their entirety.

The official responsible for making the access decision on your request is [insert name and title of delegated decision maker].

Please be advised that the requester may appeal this decision to the Information and Privacy Commissioner of Ontario.

Should you have any questions, please contact [insert name, title and phone number of person responsible]. We would appreciate you using the above listed access request number in any further correspondence.

Sincerely,

[Insert signature]

4.15 – Letter to Requester – Decision to Disclose All Records

[Insert date]

[Insert name and address of requester]

Access Request: [insert access request number]

Dear [insert name of requester]:

I am writing regarding your access request under the [Municipal] Freedom of Information and Protection of Privacy Act (hereafter, ‘the Act’) received by our office on [insert date request was received].

A search has been conducted and the responsive records have been reviewed. A decision has been made to grant access to the records in full. [If no fee required add: The responsive records are enclosed.]

[If some records were subject to a notice under section 28/21 add: Some of the responsive records impacted the interests of other parties. As a result, we cannot disclose these records for an additional 30 days, to allow the affected parties an opportunity to appeal this decision. If no notice of appeal is received by our office within 30 days, we can proceed with disclosing these records.]

The official responsible for making the access decision on your request is [insert name and title of delegated decision maker].

The estimated fee for processing your request was [insert estimated total]. The actual fee for processing your request is [insert actual total]. The breakdown for your fee is as follows:

• [$XX] for search time based on [insert time] hours of time @ $7.50 per quarter hour;
• [$XX] for records preparation based on [insert time] hours of time @ $7.50 per quarter hour; and
• [$XX] for photocopying based on [insert page numbers] pages @ 20 cents per page.

[If fee deposit was paid, add: Your deposit of $XX will be deducted from this total fee.] The records will be prepared and made available to you upon receipt of the outstanding balance of [insert fee total OR fee total minus fee deposit]. Please note, if we do not receive your fee payment within 30 days of the date on this letter, we will consider your request abandoned and close the file.

The Act provides that all or part of the fee can be waived if in our opinion it is fair and equitable to do so. You may be required to provide proof to support any waiver claims. Please notify [insert name, title and phone number] as soon as possible of your wish to proceed with a request for a fee waiver.

You may request the Information and Privacy Commissioner to review this decision and fee within thirty days from the date of this letter. The Commissioner’s address is Suite 1400, 2 Bloor Street East, Toronto, Ontario, M4W 1AAccess Request:The appeal fee is [$25.00 (for general record requests) OR $10.00 (for personal information requests)], payable by cheque or money order to the Minister of Finance and must be included with your correspondence.

A copy of section [57 OR 45] of the Act is enclosed for your information.

Should you have any questions, please contact [insert name, title and phone number of person responsible]. We would appreciate you using the above listed access request number in any further correspondence.

Sincerely,

[Insert signature]

4.16 – Letter to Requester – Decision to Deny Access in Full or in Part

[Insert date]

[Insert name and address of requester]

Access Request: [insert access request number]

Dear [insert name of requester]:

I am writing regarding your access request under the [Municipal] Freedom of Information and Protection of Privacy Act (hereafter, ‘the Act’) received by our office on [insert date request was received].

A search has been conducted and the responsive records have been reviewed. A decision has been made to [grant access in part OR deny access in full]. Information on [XX] of records will be severed and [XX] of pages will be withheld in full pursuant to sections [insert relevant exceptions] of the Act.

[If some records were subject to a notice under section 28/21 add: Some of the responsive records impacted the interests of other parties. As a result, we cannot disclose these records for an additional 30 days, to allow the affected parties an opportunity to appeal this decision. If no notice of appeal is received by our office within 30 days, we can proceed with disclosing these records.]

The official responsible for making the access decision on your request is [insert name and title of delegated decision maker].

The estimated fee for processing your request was [insert estimated total]. The actual fee for processing your request is [insert actual total]. The breakdown for your fee is as follows:

• [$XX] for search time based on [insert time] hours of time @ $7.50 per quarter hour;
• [$XX] for records preparation based on [insert time] hours of time @ $7.50 per quarter hour; and
• [$XX] for photocopying based on [insert page numbers] pages @ 20 cents per page.

[If fee deposit was paid, add: Your deposit of $XX will be deducted from this total fee.] The records will be prepared and made available to you upon receipt of the outstanding balance of [insert fee total OR fee total minus fee deposit]. Please note, if we do not receive your fee payment within 30 days of the date on this letter, we will consider your request abandoned and close the file.

The Act provides that all or part of the fee can be waived if in our opinion it is fair and equitable to do so. You may be required to provide proof to support any waiver claims. Please notify [insert name, title and phone number] as soon as possible of your wish to proceed with a request for a fee waiver.

You may request the Information and Privacy Commissioner to review this decision and fee within thirty days from the date of this letter. The Commissioner’s address is Suite 1400, 2 Bloor Street East, Toronto, Ontario, M4W 1AAccess Request:The appeal fee is [$25.00 (for general record requests) OR $10.00 (for personal information requests)], payable by cheque or money order to the Minister of Finance and must be included with your correspondence.

Copies sections [insert relevant sections for exemptions claimed] and [57 OR 45] of the Act are enclosed for your information.

Should you have any questions, please contact [insert name, title and phone number of person responsible]. We would appreciate you using the above listed access request number in any further correspondence.

Sincerely,

[Insert signature]

4.17 – Letter to Requester – Decision to Refuse to Confirm or Deny Existence of Record

[Insert date]

[Insert name and address of requester]

Access Request: [insert access request number]

Dear [insert name of requester]:

I am writing regarding your access request under the [Municipal] Freedom of Information and Protection of Privacy Act (hereafter, ‘the Act’) received by our office on [insert date request was received].

Pursuant to section [21(5)/14(5) OR 14(3)/8(3)], we cannot confirm or deny the existence of the record, as the disclosure of the existence of a record would [constitute an unjustified invasion of privacy OR compromise a law enforcement matter].

The official responsible for making the access decision on your request is [insert name and title of delegated decision maker].

You may request the Information and Privacy Commissioner to review this decision within thirty days from the date of this letter. The Commissioner’s address is Suite 1400, 2 Bloor Street East, Toronto, Ontario, M4W 1AAccess Request:The appeal fee is [$25.00 (for general record requests) OR $10.00 (for personal information requests)], payable by cheque or money order to the Minister of Finance and must be included with your correspondence.

Copies sections [insert relevant sections for exemptions claimed] of the Act are enclosed for your information.

Should you have any questions, please contact [insert name, title and phone number of person responsible]. We would appreciate you using the above listed access request number in any further correspondence.

Sincerely,

[Insert signature]

4.18 – Letter to Requester – Decision of No Responsive Records Exist

[Insert date]

[Insert name and address of requester]

Access Request: [insert access request number]

Dear [insert name of requester]:

I am writing regarding your access request under the [Municipal] Freedom of Information and Protection of Privacy Act (hereafter, ‘the Act’) received by our office on [insert date request was received].

A search has been conducted and the responsive records and no responsive records were located.

The official responsible for making the access decision on your request is [insert name and title of delegated decision maker].

You may request the Information and Privacy Commissioner to review the sufficiency of our institution’s search for records within thirty days from the date of this letter. The Commissioner’s address is Suite 1400, 2 Bloor Street East, Toronto, Ontario, M4W 1AAccess Request:The appeal fee is [$25.00 (for general record requests) OR $10.00 (for personal information requests)], payable by cheque or money order to the Minister of Finance and must be included with your correspondence.

Should you have any questions, please contact [insert name, title and phone number of person responsible]. We would appreciate you using the above listed access request number in any further correspondence.

Sincerely,

[Insert signature]

4.19 – Letter to Requester – Decision Approving Correction of Personal Information Request

[Insert date]

[Insert name and address of requester]

Access Request: [insert access request number]

Dear [insert name of requester]:

Your request under the [Municipal] Freedom of Information and Protection of Privacy Act for a correction of personal information was received on [insert date].

The correction was made and a copy of the corrected record is attached. On request, you are entitled to have the correction sent to those persons to whom the information was disclosed over the past 12 months.

[NOTE: With this notice, the institution may wish to include a listing of the persons to whom the personal information was disclosed over the past 12 months. The personal information of individuals acting in a personal capacity should not be included on the list.]

The official responsible for making the access decision on your request is [insert name and title of delegated decision maker].

Should you have any questions, please contact [insert name, title and phone number of person responsible]. We would appreciate you using the above listed access request number in any further correspondence.

Sincerely,

[Insert signature]

4.20 – Letter to Requester – Decision Denying Correction of Personal Information Request

[Insert date]

[Insert name and address of requester]

Access Request: [insert access request number]

Dear [insert name of requester]:

Your request under the [Municipal] Freedom of Information and Protection of Privacy Act for a correction of personal information was received on [insert date].

The correction was not made to the personal information. [Insert reason why request was refused consider including discussion of three part test: 1) whether the information is personal and private; 2) whether the information is inexact, incomplete or ambiguous and 3) whether the correction would be a substitution of opinion OR whether it is a law enforcement record.]

You are entitled to require that a statement of disagreement be attached to the record and that the statement of disagreement be sent to any person to whom the record was disclosed over the past 12 months.

[NOTE: With this notice, the institution may wish to include a listing of the persons to whom the personal information was disclosed over the past 12 months. The personal information of individuals acting in a personal capacity should not be included on the list.]

The official responsible for making the access decision on your request is [insert name and title of delegated decision maker].

You may request the Information and Privacy Commissioner to review this decision within thirty days from the date of this letter. The Commissioner’s address is Suite 1400, 2 Bloor Street East, Toronto, Ontario, M4W 1AAccess Request:The appeal fee is $10.00, payable by cheque or money order to the Minister of Finance, and must be included with your correspondence.

Should you have any questions, please contact [insert name, title and phone number of person responsible]. We would appreciate you using the above listed access request number in any further correspondence.

Sincerely,

[Insert signature]

4.21 – Letter to Requester Advising Request will be Considered Abandoned

[Insert date]

[Insert name and address of requester]

Access Request: [insert access request number]

Dear [insert name of requester]:

I am writing regarding your access request under the [Municipal] Freedom of Information and Protection of Privacy Act (hereafter, ‘the Act’) received by our office on [insert date request was received].

On [insert date] our office contacted you regarding [a fee estimate OR clarifying your request]. We have not yet received your reply.

In absence of a response, we will consider your request abandoned and close the file on [insert date].

Should you have any questions, please contact [insert name, title and phone number of person responsible]. We would appreciate you using the above listed access request number in any further correspondence.

Sincerely,

[Insert signature]

Appendix 5: Sample Record Search Form

If your search time will be more than 3 hours, use Fee Estimate Form.

Form which should be filled in if search time amounts to less than 3 hours.
Required information includes, Reference number, Name, Program Area, Position, Phone Number, dates of search

1. Indicate the information banks that were searched [whose computer, which files (hard copy and shared drives)], which offices or file rooms.

2. Name(s) and position title(s) of staff contacted during the search.

3. Methods/processes used to conduct the search and types of files searched (searching emails, other electronic files, paper files, file lists, off-site file lists, microfiche, etc.)

4. Were responsive records located? If no, is there another location where they may be? If responsive records once existed but were destroyed, or have gone missing, please explain.

5. Do any responsive records contain personal information of the requester? If yes, search time and severing should not be included in the search fee.

6. Are there any issues/sensitivities around these records or this request? If yes, please explain. Please keep in mind that our staff may have no familiarity with your records.

7. Was a computer programmer required to write code to retrieve any of the records for this request? Yes/No

Appendix 6: Sample Fee Estimate Form

If your search time will be less than 3 hours, use Record Search Form.

Form which should be filled in if search time amounts to less than 3 hours.
Required inforamtion includes, Reference number, Name, Program Area, Position, Phone Number, dates of search.

1. Indicate which locations will require searching (whose computer, which files, which offices or file rooms).

2. Name(s) of all staff contacted.

3. Methods/processes used to arrive at the estimate and the types of files searched (emails, paper files, etc.)

4. Was a representative sample utilized? If so, describe locations searched, sample size, the number of hours used to search the sample, the number of pages of responsive records found in the sample and any other costs incurred in searching the sample etc.

5. Do any responsive records contain personal information of the requester? If yes, search time and severing should not be included in the search fee.

6. Estimate hours required to complete search (to the nearest ¼ hour, do not include photocopy time): number of hours.

7. Estimated number of pages of responsive records: number of pages.

8. Estimated number of pages which may require partial or full MFIPPA severances (third party or personal information, legal advice, etc.): number of pages.

9. Will a computer programmer be required to write code to retrieve any of the records for this request? Yes/No

10. Is there likely to be any third party information in the responsive records, if so, please explain.

11. Types of records likely to be retrieved (emails, correspondence, spreadsheets, maps, briefing notes etc.).

Appendix 7: Sample Index of Records

Add more rows to the table as needed

Appendix 8: Request for Waiver of Notice to Individual of Collection of Personal Information

1. Institution: [Insert Name of Institution]

2. Description of information to be collected: [Describe personal information to be collected].

3. Authority for collection: [Describe legal authority for collection of personal information].

4. Manner of collection: [e.g.: directly from the individual to whom the information relates for indirectly. If the collection is indirect, indicate the authority to do so].

5. Anticipated number of individuals in respect of whom waiver is sought: [Insert anticipated number of individuals].

6. Use of personal information collected: [Describe the purpose for collection and include any FIPPA/MFIPPA section authorizing additional uses or disclosure].

7. Personal Information Bank: [Is personal information maintained in a personal information bank and is this described in the Directory of Records].

8. Reason for Waiver: [Identify reason for waiver from list below].

• Notification Frustrates Purpose of Indirect Collection
• Statutory Authority for Indirect Collection
• Administrative Burden/Cost of Notification
• Authorization of Commissioner
• Implied Consent
• Collection is from another Institution which has notified Individual
• Other (explain)

9. Explain why notification cannot be given: [Give detailed explanation].

10. Other material attached: [List additional material provided with this application].

Date: [Insert date]

Head of Institution: [Insert name and signature of the Head of the Institution for the purposes of FIPPA or MFIPPA].