Provisions
A minimum $5 charge for photocopies applies. Fees are payable by cash, cheque or debit to the Town of St. Marys.
The fees under the Act are set by the Province. They are as follows:
• Search, consultation and preparation time at a rate of $7.50 per 15 minutes;
• Photocopies at a rate of $.20 per 8½”x11” page;
• Computer programming time at a rate of $60.00 per 30 minutes;
• Diskettes at a rate of $10.00 per disk;
• Other fees charged as invoiced ex. Courier costs, etc.
• For fees estimated to be over $100.00, the Town can require a 50% deposit before starting to work on your request.
Will I get everything I want and when?
In most cases, requesters are granted full access to all of the information they asked for. However, the Act contains a number of mandatory and discretionary exemptions which allow the Town to deny access to records containing certain types of information.
Mandatory exemptions include:
• someone else’s personal information;
• inter-governmental relations;
• information about a third party.
For example, if a record contains someone else’s personal information, or other information which was provided to the Town in confidence, the Town will sever (or blackout) this information from the record and you will be provided with a copy of the severed document.
The discretionary include:
• Information that may cause danger of health and safety;
• Solicitor-Client privilege;
• Published information;
• Economic or other interests of an individual or company;
• Limitations on access to one’s own personal information;
• Draft By-laws;
• Reports and records of closed meetings;
• Legal, consultant advice or recommendations;
• Law Enforcement information.
If we do withhold information under one or more of the exemptions, we will tell you why.
All requesters receive a decision letter outlining the decision, the reasons for the decision, the costs, etc.
Under the legislation, the Town must respond within 30 calendar days of receipt of your request. However, in the interest of good customer service, the Town of St. Marys will try to fulfill your request as quickly as possible.
In circumstances where there is a large volume of records or it is necessary to consult with outside agencies, the Town may ask for an extension of the 30 day time limit.
What If I don’t like the Town’s Decision?
You have the right to appeal the Town’s response to the Information and Privacy Commissioner of Ontario (IPC). You must file your appeal within 30 days of receiving the Town’s decision.
To do this, write a letter to the Commissioner’s Office describing the circumstances of your case, and a copy of both your request and the Town’s decision letter. Also, remember to include your name, address and telephone number and the required appeal fee.
If you are seeking access to your own personal information, the appeal fee is $10.00; otherwise, the fee is $25.00. Payment should be made by cheque, payable to “The Minister of Finance”. Send your appeal information to:
Information and Privacy Commissioner/Ontario
80 Bloor Street West, Suite 1700 Toronto,
Ontario M5S 2V1
Once an appeal is received, the IPC assigns a Mediator to the case who then contacts both the requester and the organization. If the Mediator is unsuccessful, the Mediator’s report is forwarded to the Adjudication stage. The Adjudicator begins the process of an inquiry and the matter is settled by order of the Commissioner. Any order of the Commissioner is legally binding on both parties involved.
Simpler appeals can be resolved within a few weeks, while more complex cases take longer. If your file is resolved through Mediation, this would normally take no more than a couple of months. The majority of files requiring an inquiry are completed within 4 months.
