The new process applies to specific types of appeals, including access to information appeals
The Information and Privacy Commissioner of Ontario (IPC) has launched a new expedited process to resolve certain access appeals and complaints more quickly, allowing parties to reach resolutions sooner.
The new process applies to specific types of access to information appeals under the Freedom of Information and Protection of Privacy Act (FIPPA) and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). Additionally, certain access to personal information complaints under the Personal Health Information Protection Act (PHIPA) and Part X of the Child, Youth, and Family Services Act (CYFSA) are eligible for this expedited process.
Several types of files are targeted for streamlining under this new approach. Examples of eligible files include those where the sole issues involve the adequacy of the institution’s decision in response to an access request, whether an institution is deemed to have refused access due to its failure to provide a response within the statutory timeline, whether the institution failed to disclose records it had agreed to disclose, contestations about the amount of fees charged or requests for fee waivers, whether the institution has conducted a reasonable search for the requested records and time extensions.
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The expedited process team will employ a single-person processing model, meaning one case lead will handle each particular file from start to finish. This model is designed to increase efficiency and ensure consistency throughout the resolution process.
The new expedited process for access to information appeals under FIPPA and MFIPPA will follow Practice Direction 13 under the IPC's code of procedure. For access to personal information complaints under PHIPA or CYFSA, the process will adhere to section 10 of the PHIPA code of procedure.
This initiative represents a significant shift in how the IPC handles certain types of appeals and complaints, aiming to reduce the time it takes to resolve. By streamlining specific types of cases and employing a dedicated case lead for each file, the IPC hopes to enhance the efficiency and effectiveness of its processes, ultimately benefiting all parties involved.
