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Freedom of Information and Protection of Privacy Act

R.R.O. 1990, REGULATION 460

GENERAL

Consolidation Period: From December 6, 2016 to the e-Laws currency date.

Last amendment: O. Reg. 441/16.

This is the English version of a bilingual regulation.

1. (1) The agencies, boards, commissions, corporations and other bodies listed in Column 1 of the Schedule are designated as institutions.  R.R.O. 1990, Reg. 460, s. 1 (1).

(2) The person occupying the position listed in Column 2 of the Schedule opposite to each institution listed in Column 1 is designated as the head of that institution.  R.R.O. 1990, Reg. 460, s. 1 (2).

2. A record capable of being produced from machine readable records is not included in the definition of “record” for the purposes of the Act if the process of producing it would unreasonably interfere with the operations of an institution.  R.R.O. 1990, Reg. 460, s. 2.

3. (1) A head who provides access to an original record must ensure the security of the record.  R.R.O. 1990, Reg. 460, s. 3 (1).

(2) A head may require that a person who is granted access to an original record examine it at premises operated by the institution.  R.R.O. 1990, Reg. 460, s. 3 (2).

(3) A head shall verify the identity of a person seeking access to his or her own personal information before giving the person access to it.  R.R.O. 1990, Reg. 460, s. 3 (3).

4. (1) Every head shall ensure that reasonable measures to prevent unauthorized access to the records in his or her institution are defined, documented and put in place, taking into account the nature of the records to be protected.  R.R.O. 1990, Reg. 460, s. 4 (1).

(2) Every head shall ensure that only those individuals who need a record for the performance of their duties shall have access to it.  R.R.O. 1990, Reg. 460, s. 4 (2).

(3) Every head shall ensure that reasonable measures to protect the records in his or her institution from inadvertent destruction or damage are defined, documented and put in place, taking into account the nature of the records to be protected.  R.R.O. 1990, Reg. 460, s. 4 (3).

5. (1) An institution that uses personal information shall retain the information for at least one year after use, except if,

(a) the individual to whom the information relates consents to its earlier disposal; or

(b) the information is credit or debit card payment data. O. Reg. 123/15, s. 1.

(2) Despite subsection (1), an institution that uses personal information that is contained in a telecommunication logger tape in the custody or under the control of the institution shall retain the information for at least 45 days after use, except if the individual to whom the information relates consents to its earlier disposal. O. Reg. 123/15, s. 1.

5.1 A head of an institution that receives a request for access to a record or personal information shall conclude that the request is frivolous or vexatious if,

(a) the head is of the opinion on reasonable grounds that the request is part of a pattern of conduct that amounts to an abuse of the right of access or would interfere with the operations of the institution; or

(b) the head is of the opinion on reasonable grounds that the request is made in bad faith or for a purpose other than to obtain access.  O. Reg. 21/96, s. 1.

5.2 The fee that shall be charged for the purposes of clause 24 (1) (c) or 48 (1) (c) of the Act shall be $5.  O. Reg. 21/96, s. 1.

5.3 (1) For the purposes of subsection 50 (1.1) of the Act, the fee payable for appealing a decision of a head to the Commissioner shall be,

(a) $25, if the person appealing has made a request for access to a record under subsection 24 (1);

(b) $10, if the person appealing has made a request for access to personal information under subsection 48 (1); and

(c) $10, if the person appealing has made a request for correction of personal information under subsection 47 (2).  O. Reg. 21/96, s. 1.

(2) For the purposes of subsection 50 (1.1) of the Act, no fee is payable for appealing a decision of a head to the Commissioner if the person appealing is given notice of a request under subsection 28 (1) of the Act.  O. Reg. 21/96, s. 1.

6. The following are the fees that shall be charged for the purposes of subsection 57 (1) of the Act for access to a record:

1. For photocopies and computer printouts, 20 cents per page.

2. For records provided on CD-ROMs, $10 for each CD-ROM.

3. For manually searching a record, $7.50 for each 15 minutes spent by any person.

4. For preparing a record for disclosure, including severing a part of the record, $7.50 for each 15 minutes spent by any person.

5. For developing a computer program or other method of producing a record from machine readable record, $15 for each 15 minutes spent by any person.

6. The costs, including computer costs, that the institution incurs in locating, retrieving, processing and copying the record if those costs are specified in an invoice that the institution has received.  O. Reg. 21/96, s. 2; O. Reg. 92/07, s. 1.

6.1 The following are the fees that shall be charged for the purposes of subsection 57 (1) of the Act for access to personal information about the individual making the request for access:

1. For photocopies and computer printouts, 20 cents per page.

2. For records provided on CD-ROMs, $10 for each CD-ROM.

3. For developing a computer program or other method of producing the personal information requested from machine readable record, $15 for each 15 minutes spent by any person.

4. The costs, including computer costs, that the institution incurs in locating, retrieving, processing and copying the personal information requested if those costs are specified in an invoice that the institution has received.  O. Reg. 21/96, s. 2; O. Reg. 92/07, s. 2.

7. (1) If a head gives a person an estimate of an amount payable under the Act and the estimate is $100 or more, the head may require the person to pay a deposit equal to 50 per cent of the estimate before the head takes any further steps to respond to the request.  O. Reg. 21/96, s. 3.

(2) A head shall refund any amount paid under subsection (1) that is subsequently waived.  R.R.O. 1990, Reg. 460, s. 7 (2).

8. The following are prescribed as matters for a head to consider in deciding whether to waive all or part of a payment required to be made under the Act:

1. Whether the person requesting access to the record is given access to it.

2. If the amount of a payment would be $5 or less, whether the amount of the payment is too small to justify requiring payment.  R.R.O. 1990, Reg. 460, s. 8.

9. If a person is required to pay a fee for access to a record, the head may require the person to do so before giving the person access to the record.  R.R.O. 1990, Reg. 460, s. 9.

10. (1) The following are the terms and conditions relating to security and confidentiality that a person is required to agree to before a head may disclose personal information to that person for a research purpose:

1. The person shall use the information only for a research purpose set out in the agreement or for which the person has written authorization from the institution.

2. The person shall name in the agreement any other persons who will be given access to personal information in a form in which the individual to whom it relates can be identified.

3. Before disclosing personal information to other persons under paragraph 2, the person shall enter into an agreement with those persons to ensure that they will not disclose it to any other person.

4. The person shall keep the information in a physically secure location to which access is given only to the person and to the persons given access under paragraph 2.

5. The person shall destroy all individual identifiers in the information by the date specified in the agreement.

6. The person shall not contact any individual to whom personal information relates, directly or indirectly, without the prior written authority of the institution.

7. The person shall ensure that no personal information will be used or disclosed in a form in which the individual to whom it relates can be identified without the written authority of the institution.

8. The person shall notify the institution in writing immediately if the person becomes aware that any of the conditions set out in this section have been breached.  R.R.O. 1990, Reg. 460, s. 10 (1).

(2) An agreement relating to the security and confidentiality of personal information to be disclosed for a research purpose shall be in the form titled “Security and Confidentiality Agreement of Personal Information for Research Purposes”, dated May 1, 2016 and available on the Government of Ontario’s Central Forms Repository website. O. Reg. 171/16, s. 1.

11. A request for access to a record under Part II of the Act or for access to or correction of personal information under Part III of the Act shall be in a written form that specifies that it is a request made under the Act.  O. Reg. 34/11, s. 2.

SCHEDULE

Item

Column 1

Institution

Column 2

Head

1.

Accessibility Directorate of Ontario

Minister Responsible for Accessibility

2.

Accessibility Standards Advisory Council

Minister Responsible for Accessibility

3.

Advertising Review Board

Minister of Government and Consumer Services

4.

Advisory Council on Special Education

Minister of Education

5.

Agricorp

Chair of the Board

6.

Agricultural Research Institute of Ontario

Minister of Agriculture, Food and Rural Affairs

7.

Agriculture, Food and Rural Affairs Appeal Tribunal

Minister of Agriculture, Food and Rural Affairs

8.

Alcohol and Gaming Commission of Ontario

Chief Executive Officer

9.

Algoma University

Executive Head

10.

Algonquin Forestry Authority

Minister of Natural Resources and Forestry

11.

Animal Care Review Board

Executive Chair, Safety, Licensing Appeals and Standards Tribunals Ontario

12.

Assessment Review Board

Executive Chair, Environment and Land Tribunals Ontario

13.

Autism Spectrum Disorder Clinical Expert Committee

Minister of Children and Youth Services

14.

Board of Negotiation (Environmental Protection Act)

Minister of Agriculture, Food and Rural Affairs

15.

Board of Negotiation (Expropriations Act)

Executive Chair, Environment and Land Tribunals Ontario

16.

Brock University

Executive Head

17.

Building Code Commission

Minister of Municipal Affairs

18.

Building Code Conservation Advisory Council

Minister of Municipal Affairs

19.

Building Materials Evaluation Commission

Minister of Municipal Affairs

20.

Business Risk Management Review Committee

Minister of Agriculture, Food and Rural Affairs

21.

Cancer Care Ontario

Chair

22.

Carleton University

Executive Head

23.

The Centennial Centre of Science and Technology

Minister of Tourism, Culture and Sport

24.

Child and Family Services Review Board

Executive Chair, Social Justice Tribunals Ontario

25.

Chiropody Review Committee

Minister of Health and Long-Term Care

26.

Citizens’ Council

Minister of Health and Long-Term Care

27.

College of Trades Appointments Council

Minister of Labour

28.

Colleges of Applied Arts and Technology

Chair of the Board

29.

Collège universitaire de Hearst

Executive Head

30.

Committee on the Status of Species at Risk in Ontario

Minister of Natural Resources and Forestry

31.

Committee to Evaluate Drugs

Minister of Health and Long-Term Care

32.

Conflict of Interest Commissioner

Commissioner

33.

Consent and Capacity Board

Minister of Health and Long-Term Care

34.

Conservation Review Board

Executive Chair, Environment and Land Tribunals Ontario

35.

Criminal Injuries Compensation Board

Executive Chair, Social Justice Tribunals Ontario

36.

Crown Employees Grievance Settlement Board

Minister of Labour

37.

Custody Review Board

Executive Chair, Social Justice Tribunals Ontario

38.

Death Investigation Oversight Council

Minister of Community Safety and Correctional Services

39.

Dentistry Review Committee

Minister of Health and Long-Term Care

40.

Education Quality and Accountability Office

Chair

41.

Education Relations Commission

Minister of Education

42.

eHealth Ontario

Chief Executive Officer

43.

Environmental Review Tribunal

Executive Chair, Environment and Land Tribunals Ontario

44.

Financial Services Commission of Ontario

Minister of Finance

45.

Financial Services Tribunal

Minister of Finance

46.

Fire Safety Commission

Executive Chair, Safety, Licensing Appeals and Standards Tribunals Ontario

47.

Fish and Wildlife Heritage Commission

Minister of Natural Resources and Forestry

48.

French Language Health Services Advisory Council

Minister of Health and Long-Term Care

49.

Grain Financial Protection Board

Minister of Agriculture, Food and Rural Affairs

50.

Greenbelt Council

Minister of Municipal Affairs

51.

HealthForceOntario Marketing and Recruitment Agency

Chair

52.

Health Professions Appeal and Review Board

Minister of Health and Long-Term Care

53.

Health Professions Regulatory Advisory Council

Minister of Health and Long-Term Care

54.

Health Services Appeal and Review Board

Minister of Health and Long-Term Care

55.

Higher Education Quality Council of Ontario

Chair

56.

Human Rights Legal Support Centre

Chair

57.

Human Rights Tribunal of Ontario

Executive Chair, Social Justice Tribunals Ontario

58.

Independent Electricity System Operator

Chief Executive Officer

59.

Investment Advisory Committee of the Public Guardian and Trustee

Attorney General

60.

Joint Committee on the Schedule of Benefits

Minister of Health and Long-Term Care

61.

Justices of the Peace Remuneration Commission

President of the Treasury Board

62.

Labour-Management Advisory Committee

Minister of Labour

63.

Lakehead University

Executive Head

64.

Landlord and Tenant Board

Executive Chair, Social Justice Tribunals Ontario

65.

Languages of Instruction Commission of Ontario

Minister of Education

66.

Laurentian University of Sudbury

Executive Head

67.

Legal Aid Ontario

President of Legal Aid Ontario

68.

Licence Appeal Tribunal

Executive Chair, Safety, Licensing Appeals and Standards Tribunals Ontario

69.

Liquor Control Board of Ontario

President and Chief Executive Officer

70.

Livestock Financial Protection Board

Minister of Agriculture, Food and Rural Affairs

71.

Livestock Medicines Advisory Committee

Minister of Agriculture, Food and Rural Affairs

72.

Local Health Integration Networks, each Network

Chief Executive Officer

73.

McMaster University

Executive Head

74.

McMichael Canadian Art Collection

Chief Executive Officer

75.

Medical Eligibility Committee — Health Insurance

Minister of Health and Long-Term Care

76.

Metrolinx

Chief Executive Officer

77.

Metropolitan Toronto Convention Centre Corporation

President and Chief Executive Officer of the Corporation

78.

Mining and Lands Commissioner

Commissioner

79.

Minister’s Advisory Council for Arts and Culture

Minister of Tourism, Culture and Sport

80.

Nawiinginokiima Forest Management Corporation

Minister of Natural Resources and Forestry

81.

Niagara Escarpment Commission

Minister of Natural Resources and Forestry

82.

Niagara Parks Commission

Chair of the Commission

83.

Nipissing University

Executive Head

84.

Normal Farm Practices Protection Board

Minister of Agriculture, Food and Rural Affairs

85.

Northern Ontario Grow Bonds Corporation

Chair of the Board of Directors

86.

Northern Ontario Heritage Fund Corporation

Minister of Northern Development and Mines

87.

Northern Ontario School of Medicine

Executive Head

88.

Office for Victims of Crime

Attorney General

89.

Office of the Employer Adviser

Minister of Labour

90.

Office of the Fairness Commissioner

Commissioner

91.

Office of Francophone Affairs

Minister Responsible for Francophone Affairs

92.

Office of the Independent Police Review Director

Director

93.

Office of the Worker Adviser

Minister of Labour

94.

Ontario Advisory Committee on HIV/AIDS

Minister of Health and Long-Term Care

95.

Ontario Agency for Health Protection and Promotion

Chief Executive Officer

96.

Ontario Capital Growth Corporation

Minister of Research, Innovation and Science

97.

Ontario Civilian Police Commission

Executive Chair, Safety, Licensing Appeals and Standards Tribunals Ontario

98.

Ontario Clean Water Agency

Chair

99.

Ontario College of Art & Design University

Executive Head

100.

Ontario Electricity Financial Corporation

Chief Executive Officer

101.

Ontario Energy Board

Chair

102.

Ontario Farm Products Marketing Commission

Minister of Agriculture, Food and Rural Affairs

103.

Ontario Financing Authority

Minister of Finance

104.

Ontario Food Terminal Board

Chair of the Board

105.

Ontario Geographic Names Board

Minister of Natural Resources and Forestry

106.

Ontario Health Quality Council

Chair

107.

Ontario Heritage Trust

Minister of Tourism, Culture and Sport

108.

Ontario Highway Transport Board

Minister of Transportation

109.

Ontario Honours Advisory Council

Minister of Citizenship and Immigration

110.

Ontario Human Rights Commission

Chief Commissioner

111.

Ontario Immigrant Investor Corporation

Minister of Citizenship and Immigration

112.

Ontario Infrastructure and Lands Corporation

Chief Executive Officer

113.

Ontario Labour Relations Board

Minister of Labour

114.

Ontario Lottery and Gaming Corporation

President and Chief Executive Officer

115.

Ontario Media Development Corporation

Minister of Tourism, Culture and Sport

116.

Ontario Mental Health Foundation

Chair

117.

Ontario Moose-Bear Allocation Advisory Committee

Minister of Natural Resources and Forestry

118.

Ontario Mortgage and Housing Corporation

Minister of Housing

119.

Ontario Municipal Board

Executive Chair, Environment and Land Tribunals Ontario

120.

Ontario Northland Transportation Commission

Chair of the Commission

121.

Ontario Parks Board of Directors

Minister of Natural Resources and Forestry

122.

Ontario Parole Board

Executive Chair, Safety, Licensing Appeals and Standards Tribunals Ontario

123.

Ontario Place Corporation

Minister of Tourism, Culture and Sport

124.

Ontario Police Arbitration Commission

Minister of Community Safety and Correctional Services

125.

Ontario Power Generation Inc.

Chief Executive Officer

126.

Each subsidiary (as defined in subsection 2 (1) of the Electricity Act, 1998) of Ontario Power Generation Inc.

Chief Executive Officer of the subsidiary

127.

Ontario Review Board

Chair of the Board

128.

Ontario Securities Commission

Minister of Finance

129.

Ontario Seniors’ Secretariat

Minister Responsible for Seniors Affairs

130.

Ontario Special Education Tribunal (English)

Executive Chair, Social Justice Tribunals Ontario

131.

Ontario Special Education Tribunal (French)

Executive Chair, Social Justice Tribunals Ontario

132.

Ontario Tourism Marketing Partnership Corporation

Minister of Tourism, Culture and Sport

133.

Ontario Trillium Foundation

Chief Executive Officer

134.

Ontario Women’s Directorate

Minister Responsible for Women’s Issues

135.

Optometry Review Committee

Minister of Health and Long-Term Care

136.

The Order of Ontario Advisory Council

Chief Justice of Ontario

137.

Ornge, incorporated under the Canada Corporations Act on October 8, 2004 as Ontario Air Ambulance Services Co.

Chair of the board of directors

138.

Ottawa Convention Centre Corporation

President

139.

Owen Sound Transportation Company Limited

President

140.

Pan/Parapan American Games Secretariat

Minister Responsible for the 2015 Pan/Parapan American Games

141.

Pay Equity Commission

Minister of Labour

142.

Pay Equity Hearings Tribunal

Minister of Labour

143.

Pesticides Advisory Committee

Minister of the Environment and Climate Change

144.

Pharmacy Council

Minister of Health and Long-Term Care

145.

Physician Payment Review Board

Chair

146.

Physician Services Payment Committee

Minister of Health and Long-Term Care

147.

Post-secondary Education Quality Assessment Board

Minister of Advanced Education and Skills Development

148.

Premier’s Council on Youth Opportunities

Minister of Children and Youth Services

149.

Prevention Council

Minister of Labour

150.

Provincial Advisory Committee on Francophone Affairs

Minister Responsible for Francophone Affairs

151.

Provincial Advisory Committees

Minister of Advanced Education and Skills Development

152.

Provincial Judges Pension Board

President of the Treasury Board

153.

Provincial Schools Authority

Minister of Education

154.

Public Guardian and Trustee

Attorney General

155.

Public Service Commission

Chair

156.

Public Service Grievance Board

President of the Treasury Board

157.

Queen’s University at Kingston

Executive Head

158.

Rabies Advisory Committee

Minister of Natural Resources and Forestry

159.

Royal Ontario Museum

Chair of the Board

160.

Rural Economic Development Advisory Panel

Minister of Agriculture, Food and Rural Affairs

161.

Ryerson University

Executive Head

162.

St. Lawrence Parks Commission

Minister of Tourism, Culture and Sport

163.

Science North

Chief Executive Officer

164.

Social Benefits Tribunal

Executive Chair, Social Justice Tribunals Ontario

165.

Soldiers Aid Commission

Minister of Community and Social Services

166.

Species at Risk Program Advisory Committee

Minister of Natural Resources and Forestry

167.

Toronto Organizing Committee for the 2015 Pan American and Parapan American Games

Chair of the Board

168.

Training Completion Assurance Fund Advisory Board

Minister of Advanced Education and Skills Development

169.

Trent University

Executive Head

170.

Trillium Gift of Life Network

Chair of the Board

171.

University of Guelph

Executive Head

172.

University of Ontario Institute of Technology

Executive Head

173.

University of Ottawa

Executive Head

174.

University of Toronto

Executive Head

175.

The University of Waterloo

Executive Head

176.

The University of Western Ontario

Executive Head

177.

University of Windsor

Executive Head

178.

Walkerton Clean Water Centre

Chief Executive Officer

179.

Wilfrid Laurier University

Executive Head

180.

Workplace Safety and Insurance Appeals Tribunal

Minister of Labour

181.

Workplace Safety and Insurance Board

Chair of the Board

182.

York University

Executive Head

Note: On February 1, 2017, the Schedule to the Regulation is amended by adding the following item: (See: O. Reg. 441/16, s. 1 (2))

95.1

Ontario Arts Council

Director and Chief Executive Officer

O. Reg.441/16, s. 1 (1).

FORM 1 Revoked: O. Reg. 171/16, s. 3.

Form 2 Revoked: O. Reg. 34/11, s. 5.

 

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