jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The purposes of this Act are, (a) to provide a right of access to information under the control of institutions in accordance with the principles that, (i) information should be available to the public, (ii) necessary exemptions from the right of access should be limited and specific, and (iii) decisions on the disclosure of information should be reviewed independently of the institution controlling the information; and (b) to protect the privacy of individuals with respect to personal information about themselves held by institutions and to provide individuals with a right of access to that information.  R.S.O. 1990, c. M.56, s. 1.
3 (1) The members of the council of a municipality may by by-law designate from among themselves an individual or a committee of the council to act as head of the municipality for the purposes of this Act.  R.S.O. 1990, c. M.56, s. 3 (1); 2002, c. 17, Sched. F, Table. Idem (2) The members elected or appointed to the board, commission or other body that is an institution other than a municipality may designate in writing from among themselves an individual or a committee of the body to act as head of the institution for the purposes of this Act.  R.S.O. 1990, c. M.56, s. 3 (2); 2002, c. 17, Sched. F, Table. If no designation (3) If no person is designated as head under this section, the head shall be, (a) the council, in the case of a municipality; and (b) the members elected or appointed to the board, commission or other body in the case of an institution other than a municipality.  R.S.O. 1990, c. M.56, s. 3 (3); 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 PART I   FREEDOM OF INFORMATION Access to Records
4 (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, (a) the record or the part of the record falls within one of the exemptions under sections 6 to 15; or (b) the head is of the opinion on reasonable grounds that the request for access is frivolous or vexatious. Severability of record (2) If an institution receives a request for access to a record that contains information that falls within one of the exemptions under sections 6 to 15 and the head of the institution is not of the opinion that the request is frivolous or vexatious, 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.  1996, c. 1, Sched. K, s. 13. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. K, s. 13 - 30/01/1996
4.1 Every head of an institution shall ensure that reasonable measures respecting the records in the custody or under the control of the institution are developed, documented and put into place to preserve the records in accordance with any recordkeeping or records retention requirements, rules or policies, whether established under an Act or otherwise, that apply to the institution. 2014, c. 13, Sched. 6, s. 3. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 6, s. 3 - 01/01/2016
5 (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 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. M.56, s. 5. Exemptions
6 (1) A head may refuse to disclose a record, (a) that contains a draft of a by-law or a draft of a private bill; or (b) that reveals the substance of deliberations of a meeting of a council, board, commission or other body or a committee of one of them if a statute authorizes holding that meeting in the absence of the public. Exception (2) Despite subsection (1), a head shall not refuse under subsection (1) to disclose a record if, (a) in the case of a record under clause (1) (a), the draft has been considered in a meeting open to the public; (b) in the case of a record under clause (1) (b), the subject-matter of the deliberations has been considered in a meeting open to the public; or (c) the record is more than twenty years old.  R.S.O. 1990, c. M.56, s. 6.
7 (1) A head may refuse to disclose a record if the disclosure would reveal advice or recommendations of an officer or employee of an institution or a consultant retained by an institution. Exceptions (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; (d) an environmental impact statement or similar record; (e) a report or study on the performance or efficiency of an institution; (f) a feasibility study or other technical study, including a cost estimate, relating to a policy or project of an institution; (g) a report containing the results of field research undertaken before the formulation of a policy proposal; (h) 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; (i) a report of a committee or similar body within an institution, which has been established for the purpose of preparing a report on a particular topic; (j) a report of a 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; (k) the reasons for a final decision, order or ruling of an officer or an employee 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. Idem (3) Despite subsection (1), a head shall not refuse under subsection (1) to disclose a record if the record is more than twenty years old.  R.S.O. 1990, c. M.56, s. 7.
8 (1) A head may refuse to disclose a record if 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. R.S.O. 1990, c. M.56, s. 8 (1); 2002, c. 18, Sched. K, s. 14 (1); 2019, c. 7, Sched. 41, s. 1. 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 if the disclosure would constitute an offence under an Act of Parliament; (c) that is a law enforcement record if 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. R.S.O. 1990, c. M.56, s. 8 (2); 2002, c. 18, Sched. K, s. 14 (2). 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) applies. R.S.O. 1990, c. M.56, s. 8 (3). 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 that is authorized to enforce and regulate compliance with a particular statute of Ontario. R.S.O. 1990, c. M.56, s. 8 (4). 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. M.56, s. 8 (5). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. K, s. 14 (1, 2) - 26/11/2002 2019, c. 7, Sched. 41, s. 1 - 17/03/2021
8.1 A head may refuse to disclose a record and may refuse to confirm or deny the existence of a record if disclosure of the record could reasonably be expected to interfere with the ability of the Attorney General to determine whether a proceeding should be commenced under the Civil Remedies Act, 2001, conduct a proceeding under that Act or enforce an order made under that Act.  2001, c. 28, s. 23 (1); 2002, c. 18, Sched. K, s. 15; 2007, c. 13, s. 45 (1). Section Amendments with date in force (d/m/y) 2001, c. 28, s. 23 (1)
- 12/04/2002 2002, c. 18, Sched. K, s. 15 - 26/11/2002 2007, c. 13, s. 45 (1)
- 04/06/2007
8.2 A head may refuse to disclose a record and may refuse to confirm or deny the existence of a record if disclosure of the record could reasonably be expected to interfere with the ability of the Attorney General to determine whether a proceeding should be commenced under the Prohibiting Profiting from Recounting Crimes Act, 2002, conduct a proceeding under that Act or enforce an order made under that Act.  2002, c. 2, ss. 16 (1), 19 (8); 2002, c. 18, Sched. K, s. 16. Section Amendments with date in force (d/m/y) 2002, c. 2, s. 16 (1)
- 01/07/2003; 2002, c. 18, Sched. K, s. 16 - 26/11/2002
9 (1) A head shall refuse to disclose a record if the disclosure could reasonably be expected to reveal information the institution has received in confidence from, (a) the Government of Canada; (b) the Government of Ontario or the government of a province or territory in Canada; (c) the government of a foreign country or state; (d) an agency of a government referred to in clause (a), (b) or (c); or (e) an international organization of states or a body of such an organization.  R.S.O. 1990, c. M.56, s. 9 (1); 2002, c. 18, Sched. K, s. 17. Idem (2) A head shall disclose a record to which subsection (1) applies if the government, agency or organization from which the information was received consents to the disclosure.  R.S.O. 1990, c. M.56, s. 9 (2). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. K, s. 17 - 26/11/2002
9.1 (1) A head may refuse to disclose a record where the disclosure could reasonably be expected to, (a) prejudice the conduct of relations between an Aboriginal community and the Government of Ontario or an institution; or (b) reveal information received in confidence from an Aboriginal community by an institution. 2017, c. 8, Sched. 20, s. 1. Definitions (2) In this section, “Aboriginal community” means, (a) a band within the meaning of the Indian Act (Canada), (b) an Aboriginal organization or community that is negotiating or has negotiated with the Government of Canada or the Government of Ontario on matters relating to, (i) Aboriginal or treaty rights under section 35 of the Constitution Act, 1982, or (ii) a treaty, land claim or self-government agreement, and (c) any other Aboriginal organization or community prescribed by the regulations; (“communauté autochtone”) “institution” includes an institution as defined in section 2 of the Freedom of Information and Protection of Privacy Act. (“institution”) 2017, c. 8, Sched. 20, s. 1. Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 20, s. 1 - 09/03/2018
10 (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, if 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.  R.S.O. 1990, c. M.56, s. 10 (1); 2002, c. 18, Sched. K, s. 18; 2017, c. 8, Sched. 20, s. 2. Consent to disclosure (2) A head may disclose a record described in subsection (1) if the person to whom the information relates consents to the disclosure.  R.S.O. 1990, c. M.56, s. 10 (2). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. K, s. 18 - 26/11/2002 2017, c. 8, Sched. 20, s. 2 - 17/05/2017
11 A head may refuse to disclose a record that contains, (a) trade secrets or financial, commercial, scientific or technical information that belongs to an institution and has monetary value or potential monetary value; (b) information obtained through research by an employee of an institution if the disclosure could reasonably be expected to deprive the employee of priority of publication; (c) information whose disclosure could reasonably be expected to prejudice the economic interests of an institution or the competitive position of an institution; (d) information whose disclosure could reasonably be expected to be injurious to the financial interests of an institution; (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; (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 if 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 in respect of a matter under the Municipal Boundary Negotiations Act commenced before its repeal by the Municipal Act, 2001, by a party municipality or other body before the matter is resolved.  R.S.O. 1990, c. M.56, s. 11; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. K, s. 19. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003; 2002, c. 18, Sched. K, s. 19 (1-4) - 26/11/2002
12 A head may refuse to disclose a record that is subject to solicitor-client privilege or that was prepared by or for counsel employed or retained by an institution for use in giving legal advice or in contemplation of or for use in litigation.  R.S.O. 1990, c. M.56, s. 12.
13 A head may refuse to disclose a record whose disclosure could reasonably be expected to seriously threaten the safety or health of an individual.  R.S.O. 1990, c. M.56, s. 13; 2002, c. 18, Sched. K, s. 20. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. K, s. 20 - 26/11/2002
15 A head may refuse to disclose a record if, (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. M.56, s. 15.
16 An exemption from disclosure of a record under sections 7, 9, 9.1, 10, 11, 13 and 14 does not apply if a compelling public interest in the disclosure of the record clearly outweighs the purpose of the exemption.  R.S.O. 1990, c. M.56, s. 16; 2017, c. 8, Sched. 20, s. 3. Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 20, s. 3 - 09/03/2018 Access Procedure
17 (1) A person seeking access to a record shall, (a) make a request in writing to the institution that the person believes has custody or control of the record, and specify that the request is being made under this Act; (b) provide sufficient detail to enable an experienced employee of the institution, upon a reasonable effort, to identify the record; and (c) at the time of making the request, pay the fee prescribed by the regulations for that purpose.  1996, c. 1, Sched. K, s. 14; 2017, c. 2, Sched. 12, s. 6 (1). Frivolous request (1.1) If the head of the institution is of the opinion on reasonable grounds that the request is frivolous or vexatious, subsections (2) to (5) do not apply to the request.  1996, c. 1, Sched. K, s. 14; 2006, c. 34, Sched. C, s. 14 (1). 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).  R.S.O. 1990, c. M.56, s. 17 (2). 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.  2006, c. 34, Sched. C, s. 14 (2). 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.  2006, c. 34, Sched. C, s. 14 (2). 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.  2006, c. 34, Sched. C, s. 14 (2). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. K, s. 14 - 30/01/1996 2006, c. 34, Sched. C, s. 14 (1, 2) - 01/04/2007 2017, c. 2, Sched. 12, s. 6 (1) - 22/03/2017
18 (1) In this section, “institution” includes an institution as defined in section 2 of the Freedom of Information and Protection of Privacy Act. Request to be forwarded (2) The head of an institution that receives a request for access to a record that the institution does not have in its custody or under its control shall make reasonable inquiries to determine whether another institution has custody or control of the record, and, if 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 (3) If 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 (4) For the purpose of subsection (3), 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 of it. When transferred request deemed made (5) Where a request is forwarded or transferred under subsection (2) or (3), 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.  R.S.O. 1990, c. M.56, s. 18.
19 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 18, the head of the institution to which it is forwarded or transferred, shall, subject to sections 20, 21 and 45, 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 of it will be given; and (b) if access is to be given, give the person who made the request access to the record or part, and if necessary for the purpose cause the record to be produced.  R.S.O. 1990, c. M.56, s. 19; 1996, c. 1, Sched. K, s. 15. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. K, s. 15 - 30/01/1996
20 (1) A head may extend the time limit set out in section 19 for a period of time that is reasonable in the circumstances, if, (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) A head who extends the time limit under subsection (1) 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. M.56, s. 20.
20.1 (1) A head who refuses to give access to a record or a part of a record because the head is of the opinion that the request for access is frivolous or vexatious, shall state in the notice given under section 19, (a) that the request is refused because the head is of the opinion that the request is frivolous or vexatious; (b) the reasons for which the head is of the opinion that the request is frivolous or vexatious; and (c) that the person who made the request may appeal to the Commissioner under subsection 39 (1) for a review of the decision. Non-application (2) Sections 21 and 22 do not apply to a head who gives a notice for the purpose of subsection (1).  1996, c. 1, Sched. K, s. 16. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. K, s. 16 - 30/01/1996
22 (1) Notice of refusal to give access to a record or part under section 19 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.  R.S.O. 1990, c. M.56, s. 22 (1). Same (2) A head who refuses to confirm or deny the existence of a record as provided in subsection 8 (3) (law enforcement), section 8.1 (Civil Remedies Act, 2001), section 8.2 (Prohibiting Profiting from Recounting Crimes Act, 2002) or subsection 14 (5) (unjustified invasion of personal privacy), shall state in the notice given under section 19, (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.  R.S.O. 1990, c. M.56, s. 22 (2); 2001, c. 28, s. 23 (2); 2002, c. 2, ss. 16 (2), 19 (9); 2007, c. 13, s. 45 (2). Idem (3) A head who refuses to disclose a record or part under subsection 21 (7) shall state in the notice given under subsection 21 (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.  R.S.O. 1990, c. M.56, s. 22 (3). Description (3.1) If a request for access covers more than one record, the statement in a notice under this section of a reason mentioned in subclause (1) (b) (ii) or clause (3) (b) may refer to a summary of the categories of the records requested if it provides sufficient detail to identify them.  1996, c. 1, Sched. K, s. 18. Deemed refusal (4) A head who fails to give the notice required under section 19 or subsection 21 (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. M.56, s. 22 (4). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. K, s. 18 - 30/01/1996 2001, c. 28, s. 23 (2)
- 12/04/2002 2002, c. 2, s. 16 (2)
- 01/07/2003; 2002, c. 2, s. 19 (9)
- 01/07/2003 2007, c. 13, s. 45 (2)
- 04/06/2007
23 (1) Subject to subsection (2), a person who is given access to a record or a part of a record under this Act shall be given a copy of the record or part unless it would not be reasonably practicable to reproduce it by reason of its length or nature, in which case the person shall be given an opportunity to examine the record or part. Access to original record (2) If a person requests the opportunity to examine a record or part and it is reasonably practicable to give the person that opportunity, the head shall allow the person to examine the record or part. Copy of part (3) A person who examines a record or a part and wishes to have portions of it copied 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. M.56, s. 23. Information to be published or available
24 (1) The Minister shall cause to be published a compilation listing all institutions and, in respect of each institution, setting out, (a) where a request for a record should be made; and (b) the title of the head of the institution. Idem (2) The Minister shall cause the compilation to be published before the 1st day of January, 1992 and at least once every three years thereafter.  R.S.O. 1990, c. M.56, s. 24.
25 (1) A head shall cause to be made available for inspection and copying by the public information containing, (a) a description of the organization and responsibilities of the institution; (b) a list of the general classes or types of records in the custody or control of the institution; (c) the title, business telephone and business address of the head; and (d) the address to which a request under this Act should be made. Idem (2) The head shall ensure that the information made available is amended as required to ensure its accuracy.  R.S.O. 1990, c. M.56, s. 25.
27 This Part does not apply to personal information that is maintained for the purpose of creating a record that is available to the general public.  R.S.O. 1990, c. M.56, s. 27.
28 (1) In this section and in section 29, “personal information” includes information that is not recorded and that is otherwise defined as “personal information” under this Act. Collection of personal information (2) No person shall collect personal information on behalf of an institution unless the collection is expressly authorized by statute, used for the purposes of law enforcement or necessary to the proper administration of a lawfully authorized activity.  R.S.O. 1990, c. M.56, s. 28.
29 (1) An institution shall collect personal information only directly from the individual to whom the information relates unless, (a) the individual authorizes another manner of collection; (b) the personal information may be disclosed to the institution concerned under section 32 or under section 42 of the Freedom of Information and Protection of Privacy Act; (c) the Commissioner has authorized the manner of collection under clause 46 (c); (d) the information is in a report from a reporting agency in accordance with the Consumer Reporting Act; (e) the information is collected for the purpose of determining suitability for an honour or award to recognize outstanding achievement or distinguished service; (f) the information is collected for the purpose of the conduct of a proceeding or a possible proceeding before a court or judicial or quasi-judicial tribunal; (g) the information is collected for the purpose of law enforcement; or (h) another manner of collection is authorized by or under a statute.  R.S.O. 1990, c. M.56, s. 29 (1). Notice to individual (2) If personal information is collected on behalf of an institution, the head shall inform the individual to whom the information relates of, (a) the legal authority for the collection; (b) the principal purpose or purposes for which the personal information is intended to be used; and (c) the title, business address and business telephone number of an officer or employee of the institution who can answer the individual’s questions about the collection.  R.S.O. 1990, c. M.56, s. 29 (2). Exception (3) Subsection (2) does not apply if, (a) the head may refuse to disclose the personal information under subsection 8 (1) or (2) (law enforcement), section 8.1 (Civil Remedies Act, 2001) or section 8.2 (Prohibiting Profiting from Recounting Crimes Act, 2002); (b) the Minister waives the notice; or (c) the regulations provide that the notice is not required.  R.S.O. 1990, c. M.56, s. 29 (3); 2001, c. 28, s. 23 (3); 2002, c. 2, ss. 16 (3), 19 (10); 2007, c. 13, s. 45 (3). Section Amendments with date in force (d/m/y) 2002, c. 2, s. 19 (10)
- 01/07/2003 2007, c. 13, s. 45 (3)
- 04/06/2007
30 (1) Personal information that has been used by an institution shall be retained after use by the institution for the period prescribed by regulation in order to ensure that the individual to whom it relates has a reasonable opportunity to obtain access to the personal information. Standard of accuracy (2) The head of an institution shall take reasonable steps to ensure that personal information on the records of the institution is not used unless it is accurate and up to date. Exception (3) Subsection (2) does not apply to personal information collected for law enforcement purposes. Disposal of personal information (4) A head shall dispose of personal information under the control of the institution in accordance with the regulations.  R.S.O. 1990, c. M.56, s. 30. Use and Disclosure of Personal Information
31 An institution shall not use personal information in its custody or under its control except, (a) if the person to whom the information relates has identified that information in particular and consented to its use; (b) for the purpose for which it was obtained or compiled or for a consistent purpose; or (c) for a purpose for which the information may be disclosed to the institution under section 32 or under section 42 of the Freedom of Information and Protection of Privacy Act.  R.S.O. 1990, c. M.56, s. 31.
32 An institution shall not disclose personal information in its custody or under its control except, (a) in accordance with Part I; (b) if the person to whom the information relates has identified that information in particular and consented to its disclosure; (c) for the purpose for which it was obtained or compiled or for a consistent purpose; (d) if the disclosure is made to an officer, employee, consultant or agent of the institution who needs the record in the performance of their duties and if the disclosure is necessary and proper in the discharge of the institution’s functions; (e) where permitted or required by law or by a treaty, agreement or arrangement made under an Act or an Act of Canada; (f) if disclosure is by a law enforcement institution, (i) to a law enforcement agency in a foreign country under an arrangement, a written agreement or treaty or legislative authority, or (ii) to another law enforcement agency in Canada; (g) to an institution or a law enforcement agency in Canada if, (i) the disclosure is to aid in an investigation undertaken by the institution or the agency with a view to a law enforcement proceeding, or (ii) there is a reasonable basis to believe that an offence may have been committed and the disclosure is to enable the institution or the agency to determine whether to conduct such an investigation; (h) in compelling circumstances affecting the health or safety of an individual if upon disclosure notification is mailed to the last known address of the individual to whom the information relates; (i) in compassionate circumstances, to facilitate contact with the spouse, a close relative or a friend of an individual who is injured, ill or deceased; (j) to the Minister; (k) to the Information and Privacy Commissioner; (l) to the Government of Canada or the Government of Ontario in order to facilitate the auditing of shared cost programs. R.S.O. 1990, c. M.56, s. 32; 2006, c. 19, Sched. N, s. 3 (5); 2006, c. 34, Sched. C, s. 15; 2019, c. 7, Sched. 41, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. N, s. 3 (5) - 22/06/2006; 2006, c. 34, Sched. C, s. 15 - 01/04/2007 2019, c. 7, Sched. 41, s. 2 (1, 2) - 17/03/2021
33 The purpose of a use or disclosure of personal information that has been collected directly from the individual to whom the information relates is a consistent purpose under clauses 31 (b) and 32 (c) only if the individual might reasonably have expected such a use or disclosure.  R.S.O. 1990, c. M.56, s. 33. Personal Information Banks
34 (1) A head shall make available for inspection by the public an index of all personal information banks in the custody or under the control of the institution setting forth, in respect of each personal information bank, (a) its name and location; (b) the legal authority for its establishment; (c) the types of personal information maintained in it; (d) how the personal information is used on a regular basis; (e) to whom the personal information is disclosed on a regular basis; (f) the categories of individuals about whom personal information is maintained; and (g) the policies and practices applicable to the retention and disposal of the personal information. Ensure accuracy (2) The head shall ensure that the index is amended as required to ensure its accuracy.  R.S.O. 1990, c. M.56, s. 34.
35 (1) A head shall attach or link to personal information in a personal information bank, (a) a record of any use of that personal information for a purpose other than a purpose described in clause 34 (1) (d); and (b) a record of any disclosure of that personal information to a person other than a person described in clause 34 (1) (e). Idem (2) A record of use or disclosure under subsection (1) forms part of the personal information to which it is attached or linked.  R.S.O. 1990, c. M.56, s. 35. Right of Individuals to Whom Personal Information Relates to Access and Correction Rights of access and correction
36 (1) Every individual has a right of access to, (a) any personal information about the individual contained in a personal information bank in the custody or under the control of an institution; and (b) any other personal information about the individual in the custody or under the control of an institution with respect to which the individual is able to provide sufficiently specific information to render it reasonably retrievable by the institution. Right of correction (2) Every individual who is given access under subsection (1) to personal information is entitled to, (a) request correction of the personal information if the individual believes there is an error or omission; (b) require that a statement of disagreement be attached to the information reflecting any correction that was requested but not made; and (c) require that any person or body to whom the personal information has been disclosed within the year before the time a correction is requested or a statement of disagreement is required be notified of the correction or statement of disagreement.  R.S.O. 1990, c. M.56, s. 36.
37 (1) An individual seeking access to personal information about the individual shall, (a) make a request in writing to the institution that the individual believes has custody or control of the personal information, and specify that the request is being made under this Act; (b) identify the personal information bank or otherwise identify the location of the personal information; and (c) at the time of making the request, pay the fee prescribed by the regulations for that purpose. 2017, c. 2, Sched. 12, s. 6 (2). Access procedures (2) Subsections 4 (2), 17 (1.1) and (2) and sections 18, 19, 20, 20.1, 21, 22 and 23 apply with necessary modifications to a request made under subsection (1).  1996, c. 1, Sched. K, s. 19. Comprehensible form (3) If access to personal information is to be given, the head shall ensure that the personal information is provided to the individual in a comprehensible form and in a manner that indicates the general conditions under which the personal information is stored and used.  R.S.O. 1990, c. M.56, s. 37 (3). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. K, s. 19 - 30/01/1996 2017, c. 2, Sched. 12, s. 6 (2) - 22/03/2017
38 A head may refuse to disclose to the individual to whom the information relates personal information, (a) if section 6, 7, 8, 8.1, 8.2, 9, 9.1, 10, 11, 12, 13 or 15 would apply to the disclosure of that personal information; (b) if the disclosure would constitute an unjustified invasion of another individual’s personal privacy; (c) that is evaluative or opinion material compiled solely for the purpose of determining suitability, eligibility or qualifications for the awarding of contracts and other benefits by an institution if the disclosure would reveal the identity of a source who furnished information to the institution in circumstances where it may reasonably have been assumed that the identity of the source would be held in confidence; (c.1) if the information is supplied explicitly or implicitly in confidence and is evaluative or opinion material compiled solely for the purpose of determining suitability for an honour or award to recognize outstanding achievement or distinguished service; (d) that is medical information if the disclosure could reasonably be expected to prejudice the mental or physical health of the individual; or (e) that is a research or statistical record.  R.S.O. 1990, c. M.56, s. 38; 2001, c. 28, s. 23 (4); 2002, c. 2, ss. 16 (4), 19 (11); 2002, c. 18, Sched. K, s. 21; 2005, c. 28, Sched. J. s. 1; 2017, c. 8, Sched. 20, s. 4. Section Amendments with date in force (d/m/y) 2001, c. 28, s. 23 (4)
- 12/04/2002 2002, c. 2, s. 16 (4)
- 01/07/2003; 2002, c. 2, s. 19 (11)
- 01/07/2003; 2002, c. 18, Sched. K, s. 21 - 26/11/2002 2005, c. 28, Sched. J, s. 1 - 10/06/2006 2017, c. 8, Sched. 20, s. 4 - 09/03/2018 PART III   APPEAL
39 (1) A person may appeal any decision of a head under this Act to the Commissioner if, (a) the person has made a request for access to a record under subsection 17 (1); (b) the person has made a request for access to personal information under subsection 37 (1); (c) the person has made a request for correction of personal information under subsection 36 (2); or (d) the person is given notice of a request under subsection 21 (1).  R.S.O. 1990, c. M.56, s. 39 (1). Fee (1.1) A person who appeals under subsection (1) shall pay the fee prescribed by the regulations for that purpose.  1996, c. 1, Sched. K, s. 20. Time for application (2) Subject to subsection (2.0.1), an appeal under subsection (1) shall be made within thirty days after the notice was given of the decision appealed from by filing with the Commissioner written notice of appeal.  R.S.O. 1990, c. M.56, s. 39 (2); 2016, c. 5, Sched. 17, s. 2 (1). Extension of time (2.0.1) If the time limit specified in subsection (2) presents a barrier, as defined in the Accessibility for Ontarians with Disabilities Act, 2005, to the person, the Commissioner may extend the time limit for a period of time that is reasonably required in the circumstances to accommodate the person for the purpose of making the appeal. 2016, c. 5, Sched. 17, s. 2 (2). Immediate dismissal (2.1) The Commissioner may dismiss an appeal if the notice of appeal does not present a reasonable basis for concluding that the record or the personal information to which the notice relates exists.  1996, c. 1, Sched. K, s. 20. Non-application (2.2) If the Commissioner dismisses an appeal under subsection (2.1), subsection (3) and sections 40 and 41 do not apply to the Commissioner.  1996, c. 1, Sched. K, s. 20. Notice of application for appeal (3) Upon receiving a notice of appeal, the Commissioner shall inform the head of the institution concerned of the notice of appeal and may also inform any other institution or person with an interest in the appeal, including an institution within the meaning of the Freedom of Information and Protection of Privacy Act, of the notice of the appeal.  2006, c. 34, Sched. C, s. 16. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. K, s. 20 - 30/01/1996 2006, c. 34, Sched. C, s. 16 - 01/04/2007 2016, c. 5, Sched. 17, s. 2 (1, 2) - 19/04/2016
40 The Commissioner may authorize a mediator to investigate the circumstances of any appeal and to try to effect a settlement of the matter under appeal.  R.S.O. 1990, c. M.56, s. 40.
42 If a head refuses access to a record or a part of a record, the burden of proof that the record or the part falls within one of the specified exemptions in this Act lies upon the head.  R.S.O. 1990, c. M.56, s. 42.
43 (1) After all of the evidence for an inquiry has been received, the Commissioner shall make an order disposing of the issues raised by the appeal. Idem (2) If the Commissioner upholds a decision of a head that the head may refuse to disclose a record or a part of a record, the Commissioner shall not order the head to disclose the record or part.  R.S.O. 1990, c. M.56, s. 43 (1, 2). Conditions (3) Subject to this Act, the Commissioner’s order may contain any conditions the Commissioner considers appropriate.  R.S.O. 1990, c. M.56, s. 43 (3); 1996, c. 1, Sched. K, s. 22. Notice of order (4) The Commissioner shall give the appellant and the persons who received notice of the appeal under subsection 39 (3) written notice of order.  R.S.O. 1990, c. M.56, s. 43 (4). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. K, s. 22 - 30/01/1996
44 The Commissioner shall not delegate to a person other than an Assistant Commissioner his or her power to require a record referred to in section 8 to be produced and examined.  R.S.O. 1990, c. M.56, s. 44. PART IV   GENERAL
45 (1) A head shall require the person who makes a request for access to a record to pay fees in the amounts prescribed by the regulations for, (a) the costs of every hour of manual search required to locate a record; (b) the costs of preparing the record for disclosure; (c) computer and other costs incurred in locating, retrieving, processing and copying a record; (d) shipping costs; and (e) any other costs incurred in responding to a request for access to a record.  1996, c. 1, Sched. K, s. 23 (1). (2) Repealed:  1996, c. 1, Sched. K, s. 23 (1). Estimate of costs (3) The head of an institution shall, before giving access to a record, give the person requesting access a reasonable estimate of any amount that will be required to be paid under this Act that is over $25.  R.S.O. 1990, c. M.56, s. 45 (3). Waiver of payment (4) A head shall waive the payment of all or any part of an amount required to be paid under subsection (1) if, in the head’s opinion, it is fair and equitable to do so after considering, (a) the extent to which the actual cost of processing, collecting and copying the record varies from the amount of the payment required by subsection (1); (b) whether the payment will cause a financial hardship for the person requesting the record; (c) whether dissemination of the record will benefit public health or safety; and (d) any other matter prescribed in the regulations.  R.S.O. 1990, c. M.56, s. 45 (4); 1996, c. 1, Sched. K, s. 23 (2). Review (5) A person who is required to pay a fee under subsection (1) may ask the Commissioner to review the amount of the fee or the head’s decision not to waive the fee.  R.S.O. 1990, c. M.56, s. 45 (5); 1996, c. 1, Sched. K, s. 23 (3). Disposition of fees (6) The fees provided in this section shall be paid and distributed in the manner and at the times prescribed in the regulations.  1996, c. 1, Sched. K, s. 23 (4). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. K, s. 23 (1-4) - 30/01/1996
46 The Commissioner may, (a) offer comment on the privacy protection implications of proposed programs of institutions; (b) after hearing the head, order an institution to, (i) cease a collection practice that contravenes this Act, and (ii) destroy collections of personal information that contravene this Act; (c) in appropriate circumstances, authorize the collection of personal information otherwise than directly from the individual; (d) engage in or commission research into matters affecting the carrying out of the purposes of this Act; (e) conduct public education programs and provide information concerning this Act and the Commissioner’s role and activities; and (f) receive representations from the public concerning the operation of this Act.  R.S.O. 1990, c. M.56, s. 46.