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The Town of Fort Erie provides two ways in which the public may access records under its custody and control:
- Informal Access: Routine Disclosure (RD)/Active Dissemination (AD)
- Formal Access: Municipal Freedom of Information Requests under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)
Informal Access: Routine Disclosure and Active Dissemination
Through the implementation of our Routine Disclosure and Active Dissemination Policy, the Town is committed to improving public accessibility to various types of records and information without requiring the individual or organization to submit a formal MFIPPA request. The Town is not required to create a new record(s) in response to a request, except where the record is electronic, and it would not interfere with the operations of the Corporation. Informal access can be used to seek documents not already published publicly, such as on the Town’s website, or that do not require a formal request due to privacy or third-party concerns.
| How to Submit an Informal Request Through RD/AD |
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Individuals should contact the appropriate department to discuss whether the record(s) can be provided easily or if they have already been publicly disseminated. If it is determined that a request can be addressed informally, please submit your request through our online form. MFIPPA Request for Information Form Forms completed online will automatically be submitted to Legislative Services staff. You will be contacted soon after regarding proceeding with your request. A hard copy of the form is available at Town Hall upon request. The following fees, as set out in the Town’s Fees and Charges By-law, will be charged for processing a Routine Disclosure request:
Payment of all associated fees are required prior to the release of records. Responsive records will be retained for 30 days after staff contact you for release. Once 30 days have passed without communication, a request will be considered abandoned, and the file will be closed. If you wish to proceed at later date, a new application and the associated fees will apply. Every effort will be made to process a request within 10 calendar-days, with an upward limit of 30 calendar-days. If the complexity and volume of the request necessitates otherwise, the requester will be informed of the delay and of the projected processing time/fee for approval before proceeding. All responses will comply with the Town's service standards and values. |
Formal Access: Municipal Freedom of Information Requests under MFIPPA
The Municipal Freedom of Information and Protection of Privacy Act applies to local government institutions in Ontario, including municipalities. The Act requires municipalities protect the privacy of an individual’s personal information contained within government records. Additionally, it gives individuals the right to request access to most municipal government information.
MFIPPA provides that Town records should be made available to the public, with some exceptions; however, the right to access information is not absolute. In some cases, it is necessary to protect the confidentiality of records and the persons to whom the information applies. Individuals can also access their personal information and correct the data if it is inaccurate.
The Act provides the Town must respond to each request within 30 calendar days of receipt and acceptance. Requests for information that include another person or a third party/group, may require additional processing to ensure all parties receive notification and an opportunity for comment. These procedures are required under the Act.
The Information and Privacy Commissioner of Ontario (IPC) oversees compliance with MFIPPA, along with several other Acts. The Commissioner is an officer of the Legislature and is appointed by, and reports to, the Legislative Assembly of Ontario. It is independent of the government of the day.
Click here to visit the IPC website
| How to Submit a Formal Municipal Freedom of Information Request |
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You may submit a formal request for information not publicly available through other sources by completing an Access/Correction Request, commonly known as a Freedom of Information Request. A request is used to obtain existing Town records. It does not provide answers to questions, analysis or interpretation of information-only existing records. Please submit your request through our online form MFIPPA Request for Information Form Forms completed online will automatically be submitted to Legislative Services staff. You will be contacted soon after to determine how to proceed in making payment of the application fee. A hard copy of the form is available at Town Hall upon request. The application fee may be paid by cash, debit, cheque or via requested email link. For your request to be accepted and processed most efficiently, ensure you clearly identify the records you seek, include the date range (if possible) and the department or staff who may maintain the records (where applicable). |
Fee Details for General Information Requests
The following fees will be charged for subsection 45(1) of the Act for general information requests:
- Application Fee: $5.00
- Search Time: $7.50 per 15 minutes required to search and retrieve files/records
- Record Preparation: $7.50 per 15 minutes required to prepare records for release (severing/review)
- Photocopying: $0.20 per page
- Computer Programming: $15 for every 15 minutes spent developing a program to retrieve information
- Disks: $10 each (USBs)
The Town will inform the applicant if the estimated fee is more than $25.00. If the estimated cost is more than $100.00, the Town may ask the requester to provide a 50% deposit. The applicant may also ask to revise the request to lower the estimated cost or ask for a fee waiver based on financial hardship. Documentation supporting a fee waiver claim may be required by the Clerk. Payment of all associated fees are required prior to the release of the records. Once 30 days have passed without communication, a request will be considered abandoned, and the file will be closed.
Fee Details for Personal Information Requests
Individuals requesting access to information about themselves are considered personal information requests. The following fees shall be charged for the purposes of subsection 45(1) of the Act for personal information requests:
- Application Fee: $5.00
- Photocopying: $0.20 per page
- Computer Programming: $15 for every 15 minutes spent developing a program to retrieve information
- Disks: $10 each (USBs)
Disagreement with Disclosure Decisions
Requestors may appeal the decisions made by the Town to the IPC. The IPC is an independent institution and has been appointed by the Provincial Legislature. You may contact them at:
Information and Privacy Commissioner/Ontario:
2 Bloor Street East
Suite 1400
Toronto, ON M4W 1A8
Phone: 1-800-387-0073
The Accessibility for Ontarians with Disabilities Act (AODA) - For MFIPPA Requests
The Town of Fort Erie is committed to providing accessible information and communications to all our customers. The Town recognizes that people with disabilities often use methods other than standard print to access information. Therefore, it is the policy of the Town of Fort Erie to provide any correspondence, invoices and other documents in an alternative format upon request.
For further information on any of the above, don't hesitate to contact the Records Management Assistant at 905-871-1600 ext 2214.
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