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R.R.O. 1990, Reg. 460: GENERAL

under Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31

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Freedom of Information and Protection of Privacy Act

R.R.O. 1990, REGULATION 460

Amended to O. Reg. 326/04

GENERAL

Historical version for the period October 18, 2004 to December 19, 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 and Immigration

2.

Advertising Review Board

Chair of Management Board of Cabinet

3.

Advisory Committee on Inherited Metabolic Diseases

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 Community Safety and Correctional Services

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 Children and Youth 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

21.1

College Compensation and Appointments Council

Minister of Training, Colleges and Universities

22.

College Relations Commission

Minister of Training, Colleges and Universities

23.

Revoked: O. Reg. 326/04, s. 1 (6).

 

24.

Commodity Futures Advisory Board

Minister of Finance

25.

Consent and Capacity 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 Children and Youth Services

30.1

Democratic Renewal Secretariat

Minister Responsible for Democratic Renewal

31.

Dentistry Review Committee

Minister of Health and Long-Term Care

32.

Disability Adjudication Unit

Minister of Community and Social 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 Economic Development and Trade

36.

Revoked: O. Reg. 326/04, s. 1 (12).

 

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 Community Safety and Correctional Services

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.

Revoked: O. Reg. 326/04, s. 1 (14).

 

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 Development Program

Minister of Health and Long-Term Care

52.

Health Services Appeal Board

Minister of Health and Long-Term Care

53.

Revoked: O. Reg. 326/04, s. 1 (16).

 

54.

Revoked: O. Reg. 326/04, s. 1 (16).

 

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.

Revoked: O. Reg. 326/04, s. 1 (17).

 

61.

Languages of Instruction Commission of Ontario

Minister of Education

62.

Legal Aid Ontario

President of Legal Aid Ontario

62.1

Licence Appeal Tribunal

Minister of Consumer and Business Services

63.

Revoked: O. Reg. 326/04, s. 1 (19).

 

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

70.1

Minister’s Advisory Council for Arts and Culture

Minister of Culture

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 Economic Development and Trade

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 Community Safety and Correctional Services

83.

Ontario Clean Water Agency

Chair

84.

Revoked: O. Reg. 326/04, s. 1 (23).

 

85.

Ontario Development Corporation

Minister of Economic Development and Trade

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

Chair

89.

Ontario Exports Inc.

Minister of Economic Development and Trade

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

Attorney General

100.

Revoked: O. Reg. 326/04, s. 1 (27).

 

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 and Immigration

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

Attorney General

108.

Ontario Municipal Employees Retirement Board

Chair of the Board

108.1

Ontario Native Affairs Secretariat

Minister Responsible for Native Affairs

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 Community Safety and Correctional Services

113.

Ontario Place Corporation

Minister of Tourism and Recreation

114.

Ontario Police Arbitration Commission

Minister of Community Safety and Correctional Services

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

120.1

Ontario Seniors’ Secretariat

Minister Responsible for Seniors

121.

Ontario Special Education Tribunal (English)

Minister of Education

122.

Ontario Special Education Tribunal (French)

Minister of Education

122.1

Ontario Strategic Infrastructure Financing Authority

Minister of Finance

123.

Revoked: O. Reg. 326/04, s. 1 (35).

 

124.

Ontario SuperBuild Corporation

Minister of Finance

125.

Ontario Tourism Marketing Partnership Corporation

Minister of Tourism and Recreation

126.

Revoked: O. Reg. 326/04, s. 1 (36).

 

127.

Ontario VL Corporation Ltd.

President

127.1

Ontario Women’s Directorate

Minister Responsible for Women’s Issues

128.

Optometry Review Committee

Minister of Health and Long-Term Care

129.

Ottawa Congress Centre

President

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.

Revoked: O. Reg. 326/04, s. 1 (39).

 

136.

Province of Ontario Medal for Fire Fighters’ Bravery Advisory Council

Minister of Citizenship and Immigration

137.

Province of Ontario Medal for Good Citizenship Advisory Council

Minister of Citizenship and Immigration

138.

Province of Ontario Medal for Police Bravery Advisory Council

Minister of Citizenship

138.1

Provincial Advisory Committee on Francophone Affairs

Minister Responsible for Francophone Affairs

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 and Social Services

151.

Soldiers Aid Commission

Minister of Community and Social 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; O. Reg. 326/04, 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.