Freedom of Information
Everyone has the right to access a record in the custody and control of the Municipality of Port Hope, unless it falls within one of the exemptions as described in the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).
Types of access requests
There are generally three types of access requests that can be made:
- Freedom of Information: formal requests involving general records or personal information held by public sector organizations. The information may be recorded in printed form, on film, or in electronic format
- Routine Disclosure: disclosure of municipal information or records in response to a routine inquiry or request for access that can be granted without filing a request under MFIPPA
- Corrections to Personal Information: request for correction of personal information if the individual believes there is an error or omission
Freedom of Information (FOI) requests |
In the municipal sector, access and privacy are governed by the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). This legislation provides that an individual has a right to access certain records of information, including their own personal information, kept by a municipality that a municipality must protect the personal and proprietary information in its custody. Please note there may be requirements for proof of identity or proof of authority to act for another identity when requesting personal records. |
Submitting an FOI request |
To gain access to municipal information, requesters will need to complete the Freedom of information Request Form and pay a $5 filing fee before the Municipality will formally open the request. Cash and debit payments must be paid in person at 56 Queen Street, Port Hope ON L1A 3Z9 or by cheque payable to the Municipality of Port Hope. Please note that additional fees may apply to time required to redact and prepare documents for disclosure. Once the $5 filing fee has been received by the municipality, the Office of the Municipal Clerk has 30 days to respond to Freedom of Information Requests unless an extension is required, in which case notification is provided to the applicant in writing outlining the reasons. MFIPPA contains mandatory and discretionary exemptions that a municipality may use to limit the disclosure of certain records which ensure that privacy is protected These exemptions are only used in specific instances and will determine how much information is provided in response to a request made. Freedom of Information Request Form Disclaimer: COVID-19 and timelinesUnder the Act, the general time limit for responding to requests for access to records is 30 days from the date the administration fee is received. However, the current COVID-19 pandemic has impacted standard delivery timelines. We continue to work to process Freedom of Information requests as we are able. Once the responsive records have been reviewed and prepared, we will respond with more information regarding this request. |
Costs |
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Please see the table below for a listing of fees and charges that may apply to an FOI request. Please note that these fees have been set by the Province, in line with Ontario Regulation R.R.O. 1990, Reg. 823.
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Routine Disclosure requests |
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The Municipality of Port Hope prides itself on its efforts to be both accountable and transparent about processes and information flow. Our Corporate Routine Disclosure Plan identifies records and information that may be shared actively in accordance with the principles of the Municipal Act and the Municipal Freedom of Information and Protections of Privacy Act (MFIPPA). If listed within the Corporate Routine Disclosure Plan, the information that you are seeking will not require a formal request under a Freedom of Information and Protection of Privacy (MFIPPA) legislated process and the $5 filing fee and any further fees will be waived. For a copy of our Routine Disclosure Plan or more information on our process, please email us. |
Corrections to personal information |
If you believe that a record containing your personal information is incorrect or inaccurate, you may request a correction. To submit such a request, please complete the Freedom of Information Request Form or email us. |
Frequently asked questions
Below are the answers to some frequently asked questions about Freedom of Information:
Will my personal information be protected? |
Personal information is defined in the Act as "recorded information about an identifiable individual" and includes your home address, email address, telephone number, age, ethnic origin, education as well as medical or financial history.
Any time you are asked to provide your personal information (i.e., fill out a form) you are entitled to be told:
Municipal staff will collect, use and disclose personal information, if necessary, for Municipal services. If staff need access to your personal information to do their duties, they will be permitted access to it. Some personal information is collected by the Municipality and is required to be available to the public. This may include information being available at Town Hall or on the Municipality’s website. The Municipality of Port Hope takes its responsibility for the privacy protection of personal information very seriously. If you have a concern about the collection or use of personal information, please contact a senior staff person in the appropriate department to discuss this matter. If you are not satisfied with the Municipality’s efforts to resolve the concern, contact the Information and Privacy Commissioner of Ontario. |
What are the exemptions for release of information? |
MFIPPA protects certain types of information in the form of mandatory and discretionary exemptions. Exemptions will typically be applied for personal privacy reasons, but there are a few other situations in which exemptions can be applied.
MandatoryA government organization can refuse to release certain kinds of records. These are considered mandatory exemptions and include:
DiscretionaryGovernment organizations can also decide not to share certain kinds of information including:
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Can I expedite my request? |
No, unfortunately there is no way to expedite a request. We can make a note on your file that the records are needed urgently, however there is no guarantee a response will be made before the 30-day time frame. |
Why has the Municipality requested a time extension? |
A time extension may be requested for the following reasons:
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Additional Information on Access
For additional information regarding the Municipal Freedom of Information and Protection of Privacy Act, and access requests, please email us.