The intent of this policy is to outline the requirements under the Municipal Freedom of Information and Protection of Privacy Act (hereafter referred to as the “Act”). The Act provides information on how personal information is collected, stored and used, as well as information on how personal records can be accessed.
Commissioner – in this document, Commissioner refers to the Information and Privacy Commissioner appointed under subsection 4.(1) of the Municipal Freedom of Information and Protection of Privacy Act.
Head – The Head is a designate from members of the council or a municipality and may be an individual or a committee of the council who acts as the Head of the municipality for the purpose of the Act.
Institution – as defined by the Act means:
- A municipality,
- A school board, municipal service board, city board, transit commission, public library board, board of health, police services board, conservation authority, district social services administration board, local services board, planning board, local roads board, police village or joint committee of management or joint board of management established under the Municipal Act, 2001 or the City of Toronto Act, 2006 or a predecessor of those Acts,
- Any agency, board, commission, corporation or other body designated as an institution in the regulations.
- Everyone has a right to access records in the custody or under the control of the government unless the Head believes that the reason for the request is frivolous or vexatious, or, all or part of the record falls within one of the exemptions outlined in section 6 to 15 of the Act.
- Some exemptions include but are not limited to:
- The record contains a draft of a by-law of private bill
- If disclosure would obstruct an investigation, endanger physical safety, or hinder a fair trail
- If the record could reveal information provided in confidence from another Government Agency
- The record contains information about a third party
- The record contains trade secrets or other information that has a monetary value
- Disclosure of the record would violate solicitor-client privilege
- If Disclosure could threaten the health and/or safety of an individual
- The record is being requested by a third party
- If the record has been, or will be published
Please note this list is not inclusive and each point contains exceptions.
- If reasonably achievable, the record may be cut to remove portions of the record that contain information which cannot be disclosed.
- Despite all other provisions under the Act, if the Head believes that it is in the public’s best interest, and that the record reveals a grave environmental, health or safety hazard to the public, the Head must disclose the applicable records as soon as practicable.
- Before disclosing said records, the Head should, if they are able, inform the person to whom the information relates that the records are to be released.
- The notice must meet the regulations stipulated in section 5.(3) of the Act.
- If the person to whom the information relates believes that information should not be disclosed, they may contact the Head explaining why.
- People Store Staffing Solutions Inc. shall make available to the public the following information as outlined in section 25.(1) of the Act:
- A description of the organization and responsibilities of the institution;
- A list of the general classes or types of records in the custody or control of the institution;
- The title, business telephone and business address of the Head; and
- The address to which a request should be made.
- People Store Staffing Solutions Inc. shall amend the information as required.
- The Head will also make an annual report to the Commissioner in compliance with section 26 of the Act.
- If an individual would like to access records they believe is held by People Store Staffing Solutions Inc., they must make a written request which provides enough detail to allow an experienced employee to locate the record with a reasonable amount of effort.
- The individual may also be required to pay a fee upon making the request as outlined in section 45 of the Act.
- If the request does not provide enough information to locate the document, People Store Staffing Solutions Inc. will inform the individual of the need for additional information.
- The individual may ask to have the request contain a continued effect for a specified time of up to two years.
- If continued effect is granted, People Store Staffing Solutions Inc. will provide a schedule showing the dates which information will be provided, along with an explanation as to why those dates were chosen, and a statement indicating that an application may be made to the Commissioner to review the schedule.
- People Store Staffing Solutions Inc. will provide a written notice to the person or institution making the request telling them whether access has been given within 30 days of receiving a request.
- If access has been given the record must be produced or access granted within that 30 day period.
- Extension of time may be provided under certain situations such as if a large number of records are being requested and for all other reasons as outlined in section 20.(1) of the Act.
- If an extension is required, the Head shall provide the person who made the request written notice detailing the length and reason for the extension, as well as stating that the person has the right to ask the Commissioner to review the extension.
- If the Head refuses to give access because they feel the request is frivolous or vexatious, a notice shall be provided to the person making the request stating that the request was denied because the Head believed it to be frivolous or vexatious, the reason why they believed that, and that the person may make an appeal to the Commissioner.
Transfer or Forwarding of Requests
- If the requested record is not in People Store Staffing Solutions Inc.’s custody or control, reasonable efforts shall be made to determine where the records can be found.
- If the location of the record is found the request will be forwarded and a written notice will be sent to the person who made the request explaining the situation.
- If People Store Staffing Solutions Inc. receives a request, the Head may choose to transfer the record if they believe the other institution has a greater interest in the record as defined under section 18(4) of the Act.
- In the event that People Store Staffing Solutions Inc. is transferring a request, a written notice of the transfer will be provided to the person making the request within 15 days of it being received.
- Once access has been granted, People Store Staffing Solutions Inc. will provide a copy of the record, or a part of the record unless it would not be reasonably practicable to copy it due to its length or nature; in these cases, the person will instead be given an opportunity to examine the record or part of the record.
- Where practicable the original record may be viewed.
- Where records have been copied, People Store Staffing Solutions Inc. will give said copies to the person making the request.
Protection of Individual Privacy
- People Store Staffing Solutions Inc. will collect information only directly from the individual with the exception of for reasons outlined in section 29 of the Act.
- In the event that the personal information is collected on behalf of an institution, the person to whom the information relates will be informed of the legal authority for the collection as well the intent of use, and the title, business address and business telephone number of an officer or employee of People Store Staffing Solutions Inc. who can answer the individual’s questions about the collection.
- Personal information shall be retained for the period as prescribed by the regulation to ensure access is available to those to whom the records relate.
- People Store Staffing Solutions Inc. will take all reasonable steps to ensure that all personal information used is accurate and up-to-date.
- Disposal of personal information under the control of People Store Staffing Solutions Inc. shall be disposed in accordance with the regulations.
Use and Disclosure of Personal Information
- People Store Staffing Solutions Inc. will use personal information only with the consent of the person to whom the information relates and information will only be used for the specific purpose to which it was consented.
- The exception to the above is if the information is being used for a purpose for which the information may be disclosed to the institution under section 32 or under section 42 of the Municipal Freedom of Information and Protection of Privacy Act.
- People Store Staffing Solutions Inc. shall not disclose personal information under its custody or control unless permitted under section 32 of the Act.
Personal Information Bank Index
- People Store Staffing Solutions Inc. will make available an index of all personal information banks stating the following as required under section 34 of the Act:
- Its name and location;
- The legal authority for its establishment;
- The types of personal information it maintains;
- How the personal information is used on a regular basis;
- Who the personal information is disclosed to on a regular basis;
- How the categories of individual’s personal information are maintained; and
- The policies and practices related to the retention and disposal of the personal information.
Right of Correction
- People Store Staffing Solutions Inc. attempts to maintain accurate records.
- In the event that an inaccuracy occurs, individuals have the right under the Act to correct the error.
- If a correction was requested but not made, a statement of disagreement will be attached to the record reflecting that a request was made.
- People Store Staffing Solutions Inc. will contact any person or body to which the information was disclosed from the year before the request was made, and inform them that a correction was made or provide a statement of disagreement.
- A person may make an appeal to the Commission of any of the decisions made by the Head in reference to this policy if the conditions under section 39.(1) are met.
- People Store Staffing Solutions Inc. understands that the burden of proof is on the Head in reference to appeals.
- People Store Staffing Solutions Inc. will comply with all investigations conducted by the Commissioner under the Act.