Everyone has the right to request access to Town records. The Town Clerk is responsible for the safekeeping and control of all corporate records and documents and is the coordinator of the Municipal Freedom of Information and Protection of Personal Privacy Act. This Act establishes a process for the public to gain access to records in the care and control of the Town.
The Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) affords a general right to access records held by municipal government, boards and commissions or local agencies. It also gives individuals the right to request access to municipal government information, including most general records and records containing their own personal information. That said, MFIPPA requires that local government organizations protect the privacy of an individual’s personal information existing in government records.
The Act provides a formal, regulated process for reviewing access requests and identifies a variety of mandatory and discretionary exemptions to the types of records that may be accessed by the general public. It stipulates that:
- The public has the right to information held by institutions covered by the Act, and that information should be made available to the public;
- Any person can make a request for information held by a government institution covered by the Act;
- Any exemptions from the right of access to information should be limited and specific;
- Individuals have a right to the protection of personal information held by institutions under the Act;
- Decisions made relating to access to information can be reviewed by the Information and Privacy Commissioner of Ontario
A mini-guide to the operations of the MFIPPA can also be viewed by on the Information and Privacy Commissioner of Ontario website
Individuals wishing to access records in the custody and control of the Town of Lincoln are encouraged to first contact the municipality and request the information through normal inquiry channels. If records are denied, then a freedom of information (FOI) request can be made.
To make a Freedom of Information request, individuals must complete a Request Form (PDF) providing a detailed description of requested records, personal information, or personal information to be corrected. There is also a $5 non-refundable application fee, which can be paid by cash or cheque at Town Hall. Request forms can be submitted via email or in person to Legislative Services.
FOI requests should not be submitted for information that is already available on the Town's website or for information that other governments or government agencies hold.
Once the Request Form and fee are received, the Town has 30 days to respond. The response will either contain a decision letter with the requested records or will explain an exemption from the right to access the requested information. If a request cannot be completed within 30 days, a Notice of Extension will be provided to the requester
Additional fees may be charged to the requestor if the request involves a great deal of staff time or if large amounts of documentation need to be reproduced.
The Town Clerk is responsible for the day-to-day dealings concerning the Act and is responsible for:
- meeting time limits and notification requirements of the Act;
- considering representations from third parties who may be affected by the disclosure of records;
- making decisions about the disclosure of records and responding to access requests;
- determining the method of disclosing records;
- responding to requests for the correction of personal information;
- calculating and collecting fees;
- where necessary, defending decisions made under the Act at an appeal; and
- administering the privacy protection provisions of the Act.
You may request the Information and Privacy Commissioner to review your decision within thirty days from the date of receiving your decision letter. You can do so by filing an appeal online at www.ipc.on.ca. The appeal fee is $25.00 (for general record requests) or $10.00 (for personal information requests). Alternatively, appeals can still be mailed with a cheque or money order payable to “Minister of Finance” to: Registrar, Information and Privacy Commissioner of Ontario, 2 Bloor Street East, Suite 1400, Toronto, ON, M4W 1A8
For more information, please get in touch with the Legislative Services Department by telephone at 905-563-8205 or by email.