Freedom of Information and Protection of Privacy Act
R.R.O. 1990, REGULATION 460
Amended to O. Reg. 424/03
GENERAL
Historical version for the period December 8, 2003 to October 17, 2004.
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) Personal information that has been used by an institution shall be retained by the institution for at least one year after use unless the individual to whom the information relates consents to its earlier disposal. R.R.O. 1990, Reg. 460, s. 5 (1).
(2) For the purposes of subsection (1), the minimum period of retention of personal information that is contained in a telecommunication logger tape in the custody or under the control of the institution is 45 days rather than one year. O. Reg. 26/97, 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 Thefee 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 floppy disks, $10 for each disk.
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.
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 floppy disks, $10 for each disk.
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.
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 Form1. R.R.O. 1990, Reg. 460, s. 10 (2).
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 Form 2 or in any other written form that specifies that it is a request made under the Act. R.R.O. 1990, Reg. 460, s. 11.
SCHEDULE
Item |
Column 1 |
Column 2 |
Institution |
Head | |
1. |
Accessibility Advisory Council of Ontario |
Minister of Citizenship |
2. |
Advertising Review Board |
Chair of Management Board of Cabinet |
3. |
Advisory Committee on Screening for Inherited Diseases in Infants |
Minister of Health and Long-Term Care |
4. |
Advisory Council on Special Education |
Minister of Education |
5. |
Agricorp |
Chair of the Board |
6. |
Agricultural Rehabilitation and Development Directorate |
Minister of Agriculture and Food |
7. |
Agricultural Research Institute of Ontario |
Minister of Agriculture and Food |
8. |
Agriculture, Food and Rural Affairs Appeal Tribunal |
Minister of Agriculture and Food |
9. |
Alcohol and Gaming Commission of Ontario |
Minister of Consumer and Business Services |
10. |
Algonquin Forestry Authority |
General Manager of the Authority |
11. |
Animal Care Review Board |
Minister of Public Safety and Security |
12. |
Assessment Review Board |
Attorney General |
13. |
Board of Governors of each College of Applied Arts and Technology |
Chair of the Board |
14. |
Board of Negotiation |
Minister of Agriculture and Food |
15. |
Board of Negotiation (Attorney General) |
Attorney General |
16. |
Building Code Commission |
Minister of Municipal Affairs and Housing |
17. |
Building Materials Evaluation Commission |
Minister of Municipal Affairs and Housing |
18. |
Child and Family Services Review Board |
Minister of Community, Family and Children’s Services |
19. |
Chiropody Review Committee |
Minister of Health and Long-Term Care |
20. |
Chiropractic Review Committee |
Minister of Health and Long-Term Care |
21. |
Civil Service Commission |
Chair of Management Board of Cabinet |
22. |
College Relations Commission |
Minister of Training, Colleges and Universities |
23. |
Commercial Registration Appeal Tribunal |
Minister of Consumer and Business Services |
24. |
Commodity Futures Advisory Board |
Minister of Finance |
25. |
Consent and Capacity Review Board |
Minister of Health and Long-Term Care |
26. |
Conservation Review Board |
Minister of Culture |
27. |
Criminal Injuries Compensation Board |
Attorney General |
28. |
Crown Employees Grievance Settlement Board |
Minister of Labour |
29. |
Crown Timber Board of Examiners |
Minister of Natural Resources |
30. |
Custody Review Board |
Minister of Community, Family and Children’s Services |
31. |
Dentistry Review Committee |
Minister of Health and Long-Term Care |
32. |
Disability Adjudication Unit |
Minister of Community, Family and Children’s Services |
33. |
District Health Councils, each Council |
Chair of the Council |
34. |
Drug Quality and Therapeutics Committee |
Minister of Health and Long-Term Care |
35. |
Eastern Ontario Development Corporation |
Minister of Enterprise, Opportunity and Innovation |
36. |
Education Improvement Commission |
Minister of Education |
37. |
Education Quality and Accountability Office |
Chair |
38. |
Education Relations Commission |
Minister of Education |
39. |
Environmental Review Tribunal |
Minister of the Environment |
40. |
Financial Disclosure Advisory Board |
Minister of Finance |
41. |
Financial Services Commission of Ontario |
Minister of Finance |
42. |
Financial Services Tribunal |
Minister of Finance |
43. |
Fire Safety Commission |
Minister of Public Safety and Security |
44. |
Fish and Wildlife Advisory Board |
Minister of Natural Resources |
45. |
Grain Financial Protection Board |
Minister of Agriculture and Food |
46. |
Greater Toronto Transit Authority |
Chair |
47. |
Healing Arts Radiation Protection Commission |
Minister of Health and Long-Term Care |
48. |
Health Care Systems Research Review Committee |
Minister of Health and Long-Term Care |
49. |
Health Professions Appeal and Review Board |
Minister of Health and Long-Term Care |
50. |
Health Professions Regulatory Advisory Council |
Minister of Health and Long-Term Care |
51. |
Health Research Personnel Committee |
Minister of Health and Long-Term Care |
52. |
Health Services Appeal and Review Board |
Minister of Health and Long-Term Care |
53. |
Health System-Linked Research Units Grants Review Committee |
Minister of Health and Long-Term Care |
54. |
Hospital Appeal Board |
Minister of Health and Long-Term Care |
55. |
Human Rights Tribunal of Ontario |
Chair |
55.1 |
Hydro One Inc. |
Chief Executive Officer of the corporation |
55.2 |
Each subsidiary (as defined in subsection 2 (1) of the Electricity Act, 1998) of Hydro One Inc. |
Chief Executive Officer of the subsidiary |
56. |
Independent Electricity Market Operator |
Chief Executive Officer |
57. |
Investment Advisory Committee of the Public Guardian and Trustee |
Attorney General |
58. |
Justices of the Peace Remuneration Commission |
Chair of Management Board of Cabinet |
59. |
Labour-Management Advisory Committee |
Minister of Labour |
60. |
Land Ambulance Implementation Steering Committee |
Minister of Health and Long-Term Care |
61. |
Languages of Instruction Commission of Ontario |
Minister of Education |
62. |
Legal Aid Ontario |
President of Legal Aid Ontario |
63. |
Licence Suspension Appeal Board |
Minister of Transportation |
64. |
Liquor Control Board of Ontario |
Chair of the Board |
65. |
Livestock Financial Protection Board |
Minister of Agriculture and Food |
66. |
Livestock Medicines Advisory Committee |
Minister of Agriculture and Food |
67. |
Medical Eligibility Committee — Health Insurance |
Minister of Health and Long-Term Care |
68. |
Medical Review Committee — Health Insurance |
Minister of Health and Long-Term Care |
69. |
Metropolitan Toronto Convention Centre Corporation |
President and Chief Executive Officer of the Corporation |
70. |
Mining and Lands Commissioner |
Commissioner |
71. |
Niagara Escarpment Commission |
Minister of Natural Resources |
72. |
Niagara Parks Commission |
Chair of the Commission |
73. |
Normal Farm Practices Protection Board |
Minister of Agriculture and Food |
74. |
North Pickering Development Corporation |
Chair of the Board |
75. |
Northern Ontario Development Corporation |
Minister of Enterprise, Opportunity and Innovation |
76. |
Northern Ontario Heritage Fund Corporation |
Minister of Northern Development and Mines |
77. |
Office for Victims of Crime |
Attorney General |
78. |
Office of the Employer Advisor |
Minister of Labour |
79. |
Office of Francophone Affairs |
Minister Responsible for Francophone Affairs |
80. |
Office of the Worker Advisor |
Minister of Labour |
81. |
Ontario Advisory Committee on HIV/AIDS |
Minister of Health and Long-Term Care |
82. |
Ontario Civilian Commission on Police Services |
Minister of Public Safety and Security |
83. |
Ontario Clean Water Agency |
Chair |
84. |
Ontario Council of Regents for Colleges of Applied Arts and Technology |
Minister of Training, Colleges and Universities |
85. |
Ontario Development Corporation |
Minister of Enterprise, Opportunity and Innovation |
86. |
Ontario Electricity Financial Corporation |
Chief Executive Officer of the Corporation |
87. |
Ontario Electricity Pension Services Corporation |
Chief Executive Officer of the Corporation |
88. |
Ontario Energy Board |
Minister of Energy |
89. |
Ontario Exports Inc. |
Minister of Enterprise, Opportunity and Innovation |
90. |
Ontario Family Health Network |
Chief Executive Officer |
91. |
Ontario Farm Products Marketing Commission |
Minister of Agriculture and Food |
92. |
Ontario Film Review Board |
Minister of Consumer and Business Services |
93. |
Ontario Financing Authority |
Minister of Finance |
94. |
Ontario Food Terminal Board |
Chair of the Board |
95. |
Ontario Geographic Names Board |
Minister of Natural Resources |
96. |
Ontario Heritage Foundation |
Minister of Culture |
97. |
Ontario Highway Transport Board |
Minister of Transportation |
98. |
Ontario Housing Corporation |
Minister of Municipal Affairs and Housing |
99. |
Ontario Human Rights Commission |
Minister of Citizenship |
100. |
Ontario Junior Farmer Establishment Loan Corporation |
Minister of Agriculture and Food |
101. |
Ontario Labour Relations Board |
Minister of Labour |
102. |
Ontario Lottery and Gaming Corporation |
Chief Executive Officer |
103. |
Ontario Medal for Young Volunteers Advisory Council |
Minister of Citizenship |
104. |
Ontario Media Development Corporation |
Minister of Culture |
105. |
Ontario Moose-Bear Allocation Advisory Committee |
Minister of Natural Resources |
106. |
Ontario Mortgage Corporation |
Minister of Municipal Affairs and Housing |
107. |
Ontario Municipal Board |
Minister of Municipal Affairs and Housing |
108. |
Ontario Municipal Employees Retirement Board |
Chair of the Board |
109. |
Ontario Northland Transportation Commission |
Chair of the Commission |
110. |
Ontario Parent Council |
Minister of Education |
111. |
Ontario Parks Board of Directors |
Minister of Natural Resources |
112. |
Ontario Parole and Earned Release Board |
Minister of Public Safety and Security |
113. |
Ontario Place Corporation |
Minister of Tourism and Recreation |
114. |
Ontario Police Arbitration Commission |
Minister of Public Safety and Security |
114.1 |
Ontario Power Generation Inc. |
Chief Executive Officer of the corporation |
114.2 |
Each subsidiary (as defined in subsection 2 (1) of the Electricity Act, 1998) of Ontario Power Generation Inc. |
Chief Executive Officer of the subsidiary |
115. |
Ontario Racing Commission |
Minister of Consumer and Business Services |
116. |
Ontario Realty Corporation |
Chair of the Board of Directors |
117. |
Ontario Rental Housing Tribunal |
Chair of the Tribunal |
118. |
Ontario Review Board |
Chair of the Board |
119. |
Ontario Science Centre |
Minister of Culture |
120. |
Ontario Securities Commission |
Minister of Finance |
121. |
Ontario Special Education Tribunal (English) |
Minister of Education |
122. |
Ontario Special Education Tribunal (French) |
Minister of Education |
123. |
Ontario Student Assistance Program Appeal Board |
Minister of Training, Colleges and Universities |
124. |
Ontario SuperBuild Corporation |
Minister of Finance |
125. |
Ontario Tourism Marketing Partnership Corporation |
Minister of Tourism and Recreation |
126. |
Ontario Training and Adjustment Board |
Chief Executive Officer |
127. |
Ontario VL Corporation Ltd. |
President |
128. |
Optometry Review Committee |
Minister of Health and Long-Term Care |
129. |
Ottawa Congress Centre |
General Manager of the Centre |
130. |
Owen Sound Transportation Company Limited |
President |
131. |
Pay Equity Commission |
Minister of Labour |
132. |
Pay Equity Hearings Tribunal |
Minister of Labour |
133. |
Pesticides Advisory Committee |
Minister of the Environment |
134. |
Post-secondary Education Quality Assessment Board |
Minister of Training, Colleges and Universities |
135. |
Private Vocational School Review Board |
Minister of Training, Colleges and Universities |
136. |
Province of Ontario Medal for Fire Fighters’ Bravery Advisory Council |
Minister of Citizenship |
137. |
Province of Ontario Medal for Good Citizenship Advisory Council |
Minister of Citizenship |
138. |
Province of Ontario Medal for Police Bravery Advisory Council |
Minister of Citizenship |
139. |
Provincial Advisory Committees |
Minister of Training, Colleges and Universities |
140. |
Provincial Judges Benefits Board |
Chair of Management Board of Cabinet |
141. |
Provincial Schools Authority |
Minister of Education |
142. |
Public Guardian and Trustee |
Attorney General |
143. |
Public Service Grievance Board |
Minister of Labour |
144. |
Rabies Advisory Committee |
Minister of Natural Resources |
145. |
Rent Review Hearings Board |
Minister of Municipal Affairs and Housing |
146. |
Royal Ontario Museum |
Chair of the Board |
147. |
St. Lawrence Parks Commission |
Minister of Tourism and Recreation |
148. |
Selection Board |
Minister of Training, Colleges and Universities |
149. |
Smart Systems for Health |
Chief Executive Officer |
150. |
Social Benefits Tribunal |
Minister of Community, Family and Children’s Services |
151. |
Soldiers Aid Commission |
Minister of Community, Family and Children’s Services |
152. |
Special Education Tribunals — Regional/Ontario |
Minister of Education |
153. |
The Order of Ontario Advisory Council |
Minister of Citizenship |
154. |
Trillium Gift of Life Network |
Chair of the Board |
155. |
Workplace Safety and Insurance Appeals Tribunal |
Minister of Labour |
156. |
Workplace Safety and Insurance Board |
Chair of the Board |
O. Reg. 161/03, s. 1; O. Reg. 424/03, s. 1.
FORM 1
AGREEMENT
Freedom of Information and Protection of Privacy Act
R.R.O. 1990, Reg. 460, Form 1.
FORM 2
Freedom of Information and Protection of Privacy Act
R.R.O. 1990, Reg. 460, Form 2; O. Reg. 478/97, s. 2.