Routine Disclosure Procedure

Purpose statement

To strengthen public engagement and transparency, the Town of Oakville will proactively provide the public with access to certain municipal records without the need for a formal Freedom of Information (FOI) request. This procedure outlines the steps for handling Routine Disclosure requests in compliance with Ontario's Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) and other applicable legislation. 
 

Scope

The practice of Routine Disclosure is a client friendly way of providing information to the public. The overarching principle in this procedure is to advance the view that information held by the Town of Oakville should be made available to the public, and any exceptions to this principle should be limited and specific. This procedure applies to records that are held in the custody and control of:

• Building Services
• Oakville Fire Department 
• Planning and Development
• Transportation and Engineering

 

Procedure

In consultation with the Clerk’s department, each department shall be responsible for identifying and establishing a list of records that may be eligible for Routine Disclosure. The following core principles will guide the development of the routine disclosure process by each department:
 

1. Notice of collection 

A notice of collection shall be clearly stated whenever personal information is being collected, whether directly from the individual or indirectly through other sources. This will include paper or electronic applications.
The notice of collection must include:

• the position title of a contact person,
• the department responsible, and
• their contact information.

The contact must be easily accessible and able to respond to questions or provide more information about personal information collected and the release of records. 

Below is an example of a notice of collection that may be included on a Routine Disclosure application form:  
The personal information on this form is collected under the authority of the Municipal Act, 2001 and section 28(2) of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). It will be used to process and administer your Routine Disclosure request, including contacting you about your request and managing related records and fees. Questions about this collection should be directed to the Director, Building Services, Town of Oakville, 1225 Trafalgar Road, Oakville, ON L6H 0H3, Tel: 905-845-6601.
 

2. Receive a request for Routine Disclosure

Routine Disclosure requests shall be accepted in accordance with the process detailed in the Department Protocols section. When received, departments will:

• Review submitted requests to verify their accuracy and completeness. 
• Check if the requested record is approved to be released through routine disclosure or if it needs to be processed through a formal FOI request.
• Direct the requestor to the resource if the record is publicly available (e.g., posted on the website). 
• For complex or sensitive records, consult with the Clerk’s department and/or Legal to ensure compliance with applicable legislation.
• Ensure all applicable fees are clearly outlined, reasonable and in accordance with the Rates and Fees schedule. 

If the requester fails to respond to communications at any point during the process, the request will be deemed abandoned after 30 calendar days. Following this period, the request will be closed. To resume or initiate further action, a new request must be submitted along with any applicable fees.
 

3. Prepare the records for disclosure

The departments shall ensure all personal information not belonging to the requestor is removed from the records unless express consent has been provided, or the information is currently publicly available. Ensure the redaction aligns with MFIPPA provisions and other relevant legislation. 

All records approved for release shall be stamped “Town of Oakville, released under Routine Disclosure, Pursuant to the Municipal Act and Municipal Freedom of Information and Protection of Privacy Act. Copyright Act applies to the use and reproduction” and if applicable “Not a Legal Survey” prior to release.
 

4. Provide the records

The approved records shall be provided to the requestor by the department in a secure and unalterable format. Records may only be provided through postal mail, in-person pick-up, or secure electronic methods approved by the Town. 
 

5. Track and document the request

Departments shall:

• Document the request details, 
• Track records that are disclosed, response time, and redactions made
• Apply applicable stamp(s)
• Apply and keep records of fees charged as per the Rates and Fees guide.

6. Monitor and update Routine Disclosure practices

In collaboration with the Clerk’s department, each department will submit new requests, periodically review and reevaluate the list of records currently eligible for Routine Disclosure to ensure they meet legislative updates while supporting greater transparency and public access to information.
 

Department protocols 

Building Services

1.  Requests for records in the custody and control of the Building Services department must be submitted through the online Routine Disclosure Request Process available on the Town website. 
2. A separate application and fee must be submitted for each property or location requested. Where applicable, additional fees may include third party vendor fees for box retrieval from offsite storage and reproduction. To ensure transparency, a cost estimate should be provided to the requestor prior to any work being carried out.
3. Requests for property surveys are available publicly on the Online Services page
4. Requests for architectural, mechanical, permit drawings and building inspection information requires the requestor to satisfy at least one of the following criteria before access may be granted;
   • current property owner of the property that is the subject of the request;
   • a person who has provided the written consent or authorization from the current property owner.  Written consent or authorization is considered valid only if dated within 30 days of the application.
5. Individuals who do not meet the specified criteria above must submit a formal Freedom of Information request using the MFIPPA Access/Correction Request form (Appendix B).
6. Documents that have not received formal approval may be accessed only through a Freedom of Information request. 

 

Planning and Development Services

1. Requests for records in the custody and control of the Planning and Development Services department must be submitted through the online Routine Disclosure Request Process on the Town website. 
2. A separate application and fee must be submitted for each property or address requested. Where applicable, additional fees may include third party vendor fees for box retrieval from offsite storage and reproduction. To ensure transparency, a cost estimate should be provided to the requestor prior to any work being carried out.
3. Documents that have not received formal approval may be accessed only through a Freedom of Information request using the MFIPPA Access/Correction Request form (Appendix B).

 

Oakville Fire Department

1. Requests for records in the custody and control of the Oakville Fire Department must be made in writing by email to fireprevention@oakville.ca.
2. A separate email and fee must be submitted for each property or location requested. Where applicable, additional fees may include third party vendor fees for box retrieval from offsite storage and reproduction. To ensure transparency, a cost estimate should be provided to the requestor prior to any work being carried out.
3. If the requestor is the current property owner or the subject of a fire investigation, all personal information of others must be redacted including spouse/partner unless;
   • a requestor provides the written consent or authorization from an affected party authorizing the release of their personal information. Written consent or authorization is considered valid only if dated within 30 days of the application. Individuals who do not meet this requirement must submit a formal Freedom of Information request.
4. If the requestor is not the current property owner or the subject of a fire investigation, all personal information shall be redacted from the records before disclosure.
5. The Fire department may request for additional information to process Routine Disclosure requests where appropriate.
6. Request for records where an investigation is not completed may be accessed only through a Freedom of Information request using the MFIPPA Access/Correction Request form (Appendix B). 

 

Transportation and Engineering Department

1. Requests for records in the custody and control of the Transportation and Engineering department must be submitted through the online Routine Disclosure Request Process on the Town website.
2. A separate application and fee must be submitted for each property or location requested. Where applicable, additional fees may include third party vendor fees for box retrieval from offsite storage and reproduction. To ensure transparency, a cost estimate should be provided to the requestor prior to any work being carried out.
3. Documents that have not received formal approval may be accessed only through a Freedom of Information request the MFIPPA Access/Correction Request form (Appendix B).

 

Definitions

For the purpose of this procedure, unless otherwise stated, the following definitions apply:

Current Property Owner - refers to the individual or legal entity that holds legal title to a property at the present time. This person or organization is recognized as the rightful owner in official records, such as land registries or as registered with the Tax Department.

Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) R.S.O. 1990, c.M.56, as amended, and includes any regulations passed under it. MFIPPA governs the collection, use and disclosure of information by certain institutions in Ontario including municipalities.

Personal information - MFIPPA defines Personal Information as recorded information about an identifiable individual. To qualify as Personal Information, it must be about an individual in a personal capacity, and it is reasonable to expect an individual may be identified if the information is disclosed. Examples of Personal Information include:

• race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual,
• education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved,
• identifying number, symbol or other particular assigned,
• address, telephone number, date of birth, fingerprints or blood type,
• personal opinions or views of the individual except if they relate to another individual,
• correspondence sent by the individual that is implicitly or explicitly of a private or confidential nature, and replies that would reveal the contents of the original correspondence,
• views or opinions of another individual about the individual,
• individual’s name if it appears with other personal information.

Routine Disclosure: Routine or automatic release of certain records without the need for a formal Freedom of Information (FOI) request under MFIPPA.

 

Responsibilities

 

Departments 

Any department that is releasing records through Routine Disclosure shall be responsible for proactive dissemination of the records, applying mandatory exemptions such as redaction of personal information and the implementation of this procedure. 

Clerk’s Department

The Clerk’s Department shall oversee the administration and ongoing maintenance of this procedure and ensure that every staff member receives regular and comprehensive training on Routine Disclosure practices.