FIPPA MFIPPA Provincial Municipal Applies to the provincial

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FIPPA MFIPPA Provincial Municipal Applies to the provincial government of Ontario, universities, colleges, hospitals

FIPPA MFIPPA Provincial Municipal Applies to the provincial government of Ontario, universities, colleges, hospitals and designated agencies. Is the local government equivalent of FIPPA and covers municipal institutions such as municipalities, cities, towns, school boards, police services and many other local government entities. FIPPA came into force on January 1, 1988. MFIPPA came into force on January 1, 1991. Mandatory exemptions: cabinet records (s. 12) personal privacy (s. 21) third party information (s. 17) Mandatory exemptions: personal privacy (s. 14) relations with other governments (s. 9) third party information (s. 10) Discretionary exemptions specific to FIPPA: defence (s. 16); relations with other governments (s. 15); species at risk (s. 21. 1) Discretionary exemption specific to MFIPPA: draft by-laws and records of closed municipal meetings (s. 6) Discretionary exemptions shared by both: advice to government (s. 13/s. 7); law enforcement (s. 14/s. 8); Civil Remedies Act (s. 14. 1/s. 8. 1); Prohibiting Profiting from Recounting Crimes Act (s. 14. 2/s. 8. 2); relations with Aboriginal communities (s. 15. 1/s. 9. 1); Economic & other interests of Ontario (s. 18/s. 11); Solicitor-client privilege (s. 19/s. 12); Danger to safety or health (s. 20/s. 13); Information soon to be published (s. 22/s. 15) Mandatory: a record that falls under a mandatory exemption cannot be disclosed unless the institution obtains the consent of the affected party; Discretionary: means that refusing access to a record is permitted, but not required.

TOP TIPS / THINGS TO KNOW or KEEP IN MIND Wording your request •

TOP TIPS / THINGS TO KNOW or KEEP IN MIND Wording your request • Talk to the FOI office before submitting • Online resource: Freedom of Information and Protection of Privacy Manual – ontario. ca Fees & fee waivers • Time extensions for volume and notice to third parties Right of appeal to requesters and affected parties • May request a review of access decisions under the legislation to the Information & Privacy Commissioner (IPC). • Appeals can happen at any stage in the process and for a variety of reasons fees, time extensions, and deemed refusals may all be appealed. IPC posts access decisions / access to information orders • While not precedent setting, useful in seeing how other appeals have been resolved (i. e. providing access, full or partial, or denial) • https: //www. ipc. on. ca/decisions/