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Controlling
Body
- Municipality (Hamilton)
Kind
of Information You Can Request – the act gives
everyone a right of access to most recorded information
held by government organizations.
Record
is Defined as: any record of information, however
recorded, whether in printed form, on film, by electronic
means or otherwise; & includes correspondence, a
memo, a book, a plan, a map, a drawing, a diagram, a
pictorial, or graphic work, a photograph, a film, a
microfilm, a sound recording, a videotape.
How
to Make an Access Request: prior to submitting a
formal request for information under the act, you should
begin by contacting the City of Hamilton at (905) 546
CITY. Ask to be transferred to the appropriate department
responsible for the records you are requesting. If you
are not sure which department you need to speak with,
go to: www.hamilton.ca/clerk/freedom-of-information/directory-of-records.asp.
This directory will assist you in determining which
department you need to speak with. Ask to be transferred
to the appropriate department responsible for the records
you are seeking access to. Staff will determine if they
can release the information you are requesting or if
you must make a formal access request under the act.
If
a formal access request is required you must complete
a Municipal Freedom of Information & Protection
of Privacy Access/Correction Request Form. For a Copy
of an Application Form, go to: www.hamilton.ca/clerk/freedom-of-information/pdf/foi-application-form.pdf
if you don't have Adobe Acrobat Reader, you will have
to download the program off the Internet. Go to: www.adobe.com/products/acrobat/readstep2.html
& follow instructions on downloading.
Submit
your completed application, along with your covering
letter & the mandatory $5.00 application fee by
mail or in person to:
Co-ordinator
of Elections & Freedom of Information
City's Clerk Division, 2nd Floor
City Hall 71 Main Street West
Hamilton, Ontario L8P 4Y5
What
Happens After you Submit your Access Request:
-
Contacts
in Department/Division are notified of request &
asked to provide a response in prescribed time (30
business days).
-
Records
are reviewed to determine if exemptions apply under
the act.
-
Consultations
with staff, legal services, corporate counsel &
City Council, if required. Records are severed to
remove non-responsive or exempt information.
The
Appeal Process
Reasons
You Might Appeal:
-
You
have been denied access to some or all of the information
you have requested.
-
You
don't agree with the fees being charged.
-
You
didn't receive a response to your request within
the 30 business days.
-
Write
a letter to the Information Privacy Commissioner
describing the circumstances of your case.
-
Attach
a copy of the Government organization's response
to you.
-
Include
a copy of your original request.
-
A
fee of $25.00 must accompany your request for an
appeal as well as your contact information.
-
If
you are appealing a decision that says, "no
records exist". You must explain to the IPC
why you believe the records do exist.
Send
all this information to:
Ms.
Ann Cavoukian
Information & Privacy Commissioner of Ontario
80 Bloor Street West. Suite 1700
Toronto, Ontario
M5S 2V1
Phone # 1-800-387-0073
Assuming
your Appeal Proceeds:
- You
will receive written confirmation, which will outline
the process the Registrar has decided is the most
appropriate for your case. Most files are streamed
to mediation. However some case appeals are forwarded
directly to adjudication.
Mediation
Process: Mediation is the process by which the
IPC investigates the circumstances of an appeal &
attempts to effect either the full settlement between
the parties of all issues in the appeal, or the simplification
of a file through any or all of the following:
-
Settlement
of some issues.
-
Reducing
the number of records in dispute.
-
Clarification
of issues.
-
Education
of parties, leading to a better understanding of
the issues.
A
Mediator will be assigned to the appeal for the purpose
of assisting the parties in settlement discussions.
If an appeal file is settled, the Mediator will prepare
a Mediator's Report outlining the settlement details
& will close the file. If an appeal is not settled
(in whole or part), the Mediator's Report will set
out the issues that have been resolved & the issues
that remain in dispute. The Mediator's Report will
be sent to all parties, giving them an opportunity
to identify any errors or omissions. The Mediator's
Report, either in original or amended form, will then
be forwarded to Adjudication, where an inquiry will
be conducted.
Adjudication
Stage: The Adjudicator proceeds to conduct an
inquiry, by preparing Notices of Inquiry & sending
them to the parties one at a time. Inquiries are normally
conducted in writing. The parties are given an opportunity
to submit written representations on the issues raised
in the Notices of Inquiry. This gives you the opportunity
to let the Adjudicator know how you feel about the
appeal & why you disagree with the Government
Organization's decision. The more specific your representations,
the more helpful they are to the Adjudicator.
Once
the Adjudicator has considered all information &
reviewed records, he or she will then decide how each
issue should be resolved & prepare a written order.
Provincial
Freedom of Information Request Form Go To –
http://www.ene.gov.on.ca/envision/foi/request_form.htm
Follow
the same processes as above.
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