How to Access Records

Many records are available to the public and do not require a formal Freedom of Information (FOI) request. Please contact the appropriate department before filing a FOI request.

The procedure for formally accessing information under the Act is as follows:

All requests are to be made in writing and forwarded to:

The Privacy Officer

Corporation of the County of Lennox and Addington

97 Thomas Street East

Napanee, ON K7R 4B9

 

  • A simple letter will suffice as long as it specifies that a request is being made under the Act.
  • In making your request, be sure to provide as much detail as possible since this helps in the search of records.

 

Identification Required

If the request is for your own personal information, identification is required. Please include a photocopy of a piece of your identification bearing your signature.

If you are acting as an agent for an individual other than yourself, please include a letter of consent duly signed and dated from that individual authorizing you to act on his/her behalf.

What does it cost?

As prescribed by regulation, a $5.00 application fee must accompany the request. The request is not active until the requester pays the fee. Depending on the nature of the request and the volume of records requested, there may be additional mandated fees under the Act.

For example, there is a photocopying charge of $0.20/page that is prescribed by regulation. Fee estimates will be given if anticipated fees are $25.00 or more.

If the estimate is over $100.00, a 50% deposit will be required prior to processing the request any further.

How long will the process take?

The Act requires that the municipality issue a decision letter within 30 days of receipt of the request. This means that the County must either grant access to the requested record(s) or notify the individual that access is denied under a specific provision in the Act along with an explanation of how the provision applies.

In certain situations, a time extension beyond the 30 days may be in order.

How to correct your personal information

Pursuant to Section 36 (2) of the Act, an individual has the right to challenge the accuracy and completeness of their own personal information held by the County if the individual believes there is an error or omission. If it is demonstrated that an individual's personal information is outdated, incomplete or inaccurate, it will be stricken from the record and corrected by staff.

If there is a dispute about the currency, completeness or accuracy of the information in the record, the requester may attach an explanatory note or statement of disagreement to the information reflecting any correction that was requested but not made. If this is not satisfactory, the requester has the right to appeal.

Appealing an Access Decision

If you are not satisfied with the decision given by the Privacy Officer for the Corporation of the County of Lennox and Addington under the Municipal Freedom of Information and Protection of Privacy Act, you may appeal that decision with the Privacy Commissioner's Office within 30 days of receipt of the decision letter and request a review.

Information and Privacy Commissioner of Ontario

2 Bloor Street East  Suite 1400

Toronto, ON M4W 1A8

(416) 326-3333 or 1-800-387-0073

Privacy

To protect the privacy of clients, tenants, patients and employees of the County of Lennox and Addington, the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) places certain restrictions on the collection, use and disclosure of personal information.

Both the internal sharing of information within the organization and the external sharing of information outside of the organization is limited by the Act.

Section 32 of the Act provides that an institution shall not share personal information in its custody or under its control except:

  • with the consent of the individual to whom the information relates (for an individual who is a minor, seriously ill or mentally incapacitated, consent may be obtained from a legal guardian or power of attorney);
  • for the purpose for which it was obtained or for a consistent purpose;
  • if the disclosure is made to another County employee who needs the information in the performance of his/her work duties (employees do not have an automatic right to access personal information by virtue of their employment in a certain department or program); for the purpose of complying with any statute;
  • if disclosure is to a law enforcement agency to aid an investigation;
  • in compelling or compassionate circumstances affecting the health or safety of an individual or to facilitate contact with the spouse, close relative or friend of an individual who is injured, ill or deceased; or
  • to the provincial or federal government in order to facilitate the auditing of shared cost programs.

Complaints or inquiries about the County's privacy policies and/or practices relating to the handling of personal information should be directed to the Privacy Officer who will investigate all complaints. If you are still not satisfied, you have the right to Appeal.

What is the appeal process?

The Information and Privacy Commissioner of Ontario (IPC) is an impartial body that reports to the Legislative Assembly of Ontario, but acts independently of the government of the day. The IPC is charged with the task of upholding and promoting open government and the protection of personal privacy in Ontario.

In accordance with Section 39 of the MFIPPA, a requester has the right to appeal the County's access/correction decision to the IPC if not satisfied with the result. Requesters may appeal most actions involved in responding to a request including refusals to give access, fees and time limits.

Where do I send my appeal?

Appeals or complaints should be sent directly to the IPC at the following address:

Information and Privacy Commissioner of Ontario

2 Bloor Street East Suite 1400

Toronto, ON M4W 1A8

(416) 326-3333 or 1-800-387-0073

How much will an appeal cost?

An appeal fee of $10.00 for personal information requests and $25.00 for all other requests must accompany the letter of appeal, and the appeal must be submitted within 30 days of receipt of the County's decision letter.

Likewise, an individual who feels that his/her privacy has been breached because personal information was improperly disclosed by the County may, without charge, file a complaint with the IPC.