Freedom of Information Requests

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Making a Request for Access to Information

The City of Burlington promotes open government and encourages the routine disclosure of information to the public without requiring a formal Freedom of Information (FOI) request under Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).

If you require access to information held by the City of Burlington, contact the department directly that holds the records. If the information is not directly available through the department, a written formal Freedom of Information (FOI) request can be made under MFIPPA.

The City protects the privacy of individuals with respect to the personal information it collects and maintains.

Request to Access Information

The Municipal Freedom of Information and Protection of Privacy Act (the Act) establishes a general right of access to records in the custody and control of a local government institution.

The purpose of the Act is accountability to the public and to ensure transparency by providing as much information as possible to the public while ensuring that personal privacy is protected.

Guiding Principles of MFIPPA

The public has the right to access any information, including their own personal information, held by institutions covered by the Act, and that information should be made available to the public;

Any person may make a request for information held by the 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;
Any decisions relating to access to information can be reviewed independently by the Information and Privacy Commissioner of Ontario (IPC).

How to Request Information:

Records Routinely Available to the Public:

Routine Disclosure is the release of certain types of records in response to an informal rather than formal request under the Municipal Freedom of Information and Protection of Privacy Act.

Most requests for information can be resolved without the formal use of the Municipal Freedom of Information and Protection of Privacy Act. Fees for requests for information outside of the Act are based on the City's Fees and Charges By-Law. Check with the applicable department for the fees associated with your request.

Building Permits, Plans, Surveys and/or Drawings

Building plans, drawings and surveys are copyrighted. The city provides routine access (viewing or copying) to these types of records directly through Building Services, to the registered property owner or property manager or with written consent from the property owner.

Please note: As of January 1, 2019, all routine disclosure applications will be subject to an application fee which must be paid at the time of application to process the record request. Additional fees as listed below may be applicable and will be determined when the request is received and processed:

Routine Disclosure Service Fees (non-refundable) - taxes included in fees where tax is applicable

Application Fee for Survey (flat fee)	$22.60*
Application Fee for Plans and Drawings (includes 15 mins of search time and up to 20 photo copies under 11"x17")	$45.20*
Processing Fee per 15 mins (includes search and processing time)	$10.00
Photo Copy – Small (prints 11”x17” paper size and smaller – includes digital copies)	$1.00 per page*
Photo Copy – Large (prints larger than 11”x17” paper size – includes digital copies)	$16.95 per page*
Electronic - email	$11.30*
External Vendor – printing and processing	As invoiced
Routine Disclosure request fee if cost is greater than $100.00	50% of fee estimate minus application for RD (non refundable)

Download the application form for routine disclosure.

Requests for routine disclosures can be made directly to Building Services by submitting a completed application form for routine disclosure, a signed letter of authorization (if applicable) and payment in person at the Department of City Building counter located on the lower level of City Hall, 426 Brant St, Burlington. If you require further information about this process, please call 905-335-7731.

Please note: If you are not the property owner/property manager, you must have written consent of the property owner or manager to obtain building permits/ plans/ surveys/ drawings directly from Building Services. If you do not have consent, then you must make a formal FOI Request for these records. Download the FOI application form and submit it to Service Burlington.

The records provided are copies of those on file at the City of Burlington. The City of Burlington disclaims any liability as to the accuracy of the contents of the building plans/drawings/surveys as provided and would recommend that you contact the Engineer(s), Architect(s), and/or Designer(s) noted on the plans to confirm accuracy if you intend to rely on them for any reason.

These records are subject to the provisions of the Copyright Act.

The information you are looking for may also be available through other sources such as the Land Registry Office as the document may be registered on title, or by contacting the previous owner, or creator of the record - Architect, Consultant, Engineer or Surveyor.

Fire Incident Reports

Fire Incident Reports are released routinely. Requests for these records can be made directly to the Burlington Fire Department at firedepartment@burlington.ca or by phone at 905-637-9536. Fees will apply.

Planning Records (made under the Planning Act)

Information and material that is required to be provided to the city under the Ontario Planning Act is available to the public. Applicable fees will apply.

Requests for Planning and Committee of Adjustment records can be made directly to Planning and Building Department at building@burlington.ca or by phone at 905-335-7600, ext. 7468.

Individuals seeking routine access to the City of Burlington records who are not sure which department holds the records, can begin by contacting the City at 905-335-7600. A customer service representative will connect you with the city department holding the records you are seeking.

The appropriate departmental staff will then determine if the request should be submitted formally under MFIPPA, or if the records will be provided as a routine disclosure. It is important to note the rules governing access and privacy under MFIPPA apply to both formal and informal requests for information.

A formal legislated Freedom of Information (FOI) request:

Individuals who wants to submit a formal request for information under the access to information legislation (MFIPPA), can complete the FOI request online, in person or submit the form by mail. Requesters should provide detailed information about the requested records, including the property location (if applicable) and a date range, as this enables staff to conduct a faster search and reduces costs associated with the request.

Formal requests must be made in writing using the MFIPPA Request for Information Form (available for download below) and be accompanied by a $5 application fee. In addition to the application fee, you may be required to pay other fees. The rules regarding the payment and amount of fees are set out in the Act and its regulations.

Requests may be submitted online or download the FOI application form and submit:

In Person:

At the Service Burlington counter
City Hall, 426 Brant St, Burlington, ON
Accepting cash, cheque, debit and credit cards

By Mail:

Access and Privacy Coordinator
426 Brant Stt., P.O. Box 5013
Burlington, ON L7R 3Z6
Accepting cheque only

A response will be provided within 30 calendar days, upon receipt of a completed application form and application fee payment.

Fees under the Act:

The Act provides for a mandatory $5.00 application fee which must accompany each request for information. If multiple property addresses are requested, we will require a separate application form and application fee for each address. Requests cannot be initiated until the $5.00 fee is received. Cheques are to be made payable to the "City of Burlington." Additional fees may be charged under section 45 of the Act.

The $5.00 application fee cannot be waived and is non-refundable.

Personal Information Requests:

If an individual is requesting personal information (as defined under the Act) about yourself, the request is considered a "personal information request". The following fees may apply to requests for personal information:

Application Fee:	$5.00	Must accompany the request. The fee is mandatory and cannot be waived.
Copies:	$.20 per page
CD's, DVD's:	$10.00	Per item
Computer Programming:	$15.00 per 15 minutes	If needed to develop a program to review information.
Shipping and other costs:	As billed

General Information Requests:

Requests for information about a person other than yourself, property, or about a municipal service, program or activity are considered "general information requests" and have different fees than for personal information requests. The following fees apply for requests for general information:

Application Fee:	$5.00	Must accompany the request. The fee is mandatory and cannot be waived.
Copies:	$.20 per page
Records Preparation:	$7.50 per 15 minutes	Required to prepare records for release
Search Time:	$7.50 per 15 minutes	Per person required to search and retrieve records
CD's:	$10.00	Per item
Computer Programming:	$15.00 per 15 minutes	If needed to develop a program to retrieve information.
Shipping and Other Costs:	As billed	This may include reproduction by an outside service provider.

Fee Estimates

If it is anticipated that fees are more than $25.00, you will be given a fee estimate. If the estimate of fees to be paid is $100.00 or more, you may be required to pay a 50% deposit.

Other Fees:

Appeals - General $25.00 - Payable to the Information and Privacy Commissioner

Appeals - Personal $10.00 - Payable to the Information and Privacy Commissioner

More information regarding the appeal process may be obtained from the IPC's official website at www.ipc.on.ca.

By-Law Enforcement

Records relating to by-law enforcement, property standards or animal control matters will require a formal FOI request to be submitted. Download the FOI application form and submit it to Service Burlington.

Exemptions - Limited and Specific

In many cases, requesters are granted full access to the requested information. However, the Act contains a number of mandatory and discretionary exemptions which allow for the protection of certain types of information. The exemptions are:

Mandatory Exemptions	Discretionary Exemptions
Personal Information Relations with governments Third party information	Advice or recommendations Economic and other interests Danger to health and safety Draft by-laws, records of closed meetings Law Enforcement Limitations on access to own personal information Solicitor-client privilege Published information (available publicly/routinely)

For example, if a record contains someone else's personal information, or other information which was provided to the city in confidence, the city will sever (or blackout) the information from the record and provide a copy of the severed document.

All requesters receive a decision letter outlining the access decision, costs and appeal process. If information has been severed, the exemptions that were applied will be listed.

Timelines to Process a Request

The city will respond to a request within 30 calendar days of receiving the request, sufficient clarification and payment of the $5.00 application fee. For requests that involve a large number of records, an extensive search, or consultation with an external third party, the time may be extended. Requesters will be advised of a time extension.

Due to privacy concerns, records will not be sent electronically. When your request is complete and records ready, you will have the option to pick them up at City Hall, Service Burlington, or have them mailed (upon request). If you are requesting access to personal information, the records will need to be picked up at City Hall and you will be asked to provide proof of your identity prior to any records being released.

Appealing the City's Decision

Requesters have the right to appeal the city's decision to their request to the Information and Privacy Commissioner of Ontario (IPC). The Information and Privacy Commissioner is an independent body which makes impartial decisions under the Act.

To file an appeal, requesters should write to the Commissioner and request a review of the city's decision within 30 calendar days of receiving their decision letter. The following items also need to be submitted with the appeal: a copy of the original request for information, a copy of the city's decision letter, and an appeal fee of $25 ($10 for personal information requests).

The Commissioner's Office is located at:

2 Bloor St East, Suite 1400
Toronto, ON M4W 1A8
Telephone 416-326-333 or toll free 1-800-387-0073

More information regarding the appeal process may be obtained from the IPC's official website at www.ipc.on.ca.

Protecting Your Personal Information

Protecting your personal information and privacy is very important to the City of Burlington. The city collects your personal information for many activities, services and programs. And we must protect your personal information from unauthorized collection, use and disclosure. You have the right to access your own information and to request that inaccurate information be corrected. If you feel your personal information has been mismanaged, you can register a complaint.

Privacy Protection

An important principle of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) is that personal information held by governments must be protected from unauthorized collection, use and disclosure. The Act also outlines the length of time personal information should be kept on file and when it should be disposed of.

The city cannot collect your personal information unless it is legally authorized to do so by statute. With few exceptions, personal information must be collected directly from you and must give you advance notice in writing of:

It's authority to collect your information
Why it's being collected and how it's going to be used
Who to contact if you have questions about the collection of your personal information

The city cannot use your personal information except as permitted under MFIPPA. Without your permission, personal information can only be used for the purpose for which it was collected or a consistent purpose. When personal information is used, the city must take reasonable steps to ensure the information is accurate.

Disclosure

The city is committed to protecting your personal information and keeping it confidential and secure. Your written permission is required for the city to share your information with anyone else. However, there are some circumstances where the city may disclose your personal information to others without your consent. Your information will be shared with the following parties under these circumstances:

To the Office of the Information and Privacy Commissioner in response to an appeal;
To carry out the purpose for which we collected the information, or a consistent (reasonably expected) purpose;
To a city employee who requires the record in the performance of their duties;
To comply with the law;
To cooperate with a law enforcement agency investigating a possible violation of the law;
In compelling circumstances affecting an individual's health or safety;
To contact the next of kin or friend of an ill, injured or deceased person;
To audit a program that is cost shared by the federal or provincial government.
Your information may also be disclosed by the city to another person, if you consent to that disclosure, such as your legal representative.

Record Correction

With a few exceptions, you have a right of access to your own personal information. If you believe the record is incorrect, you can request that the information be corrected. If your request is refused, you may ask that a statement of disagreement be attached to the information. The statement of disagreement will appear each time the record is accessed, and city staff will be aware that there is a dispute as to its accuracy.

Privacy Complaints

In addition to providing access to government-held information, MFIPPA contains standards for the collection, use, disclosure, retention and destruction of personal information held by government institutions.

If you have reason to believe that the city has breached your privacy, please send a letter of complaint with details about the incident to the Records & Information Coordinator in the City Clerk's Office. We will investigate your confidential complaint and respond to you directly.

You also have the right to complain formally about a suspected privacy breach to the Information and Privacy Commissioner (IPC). The IPC will assign a compliance investigator to review the facts of the complaint and will determine if the city has complied with the privacy legislation requirements.

Protection of Privacy Policy

The city is committed to protecting the personal information we collect about you. Our Protection of Privacy and Confidentiality of Information Policy details city staff accountability, roles and responsibilities.

Download the Protection of Privacy and Confidentiality of Information Policy