Freedom of Information Requests

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).

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 Jan. 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

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. 

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.

Environmental assessments and reports are released routinely and does not require a formal FOI application. Requests for environmental records can be made directly to the Capital Works Department – Engineering Section, by contacting 905-335-7600, ext. 7694. Additional fees may apply.

Environmental matters are the responsibility of the Region of Halton and it may also have the records you are seeking. The Region of Halton can be contacted by calling 311 or accesshalton@halton.ca.

The Open Data service makes raw city data available for public use.  Freedom of Information request statistics are actively disseminated through the City’s Open Data Catalogue.  If you’d like to view data on FOI requests received and completed, access the Open Data Catalogue here.

The Act provides for a mandatory $5 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 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 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:

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:

Fee Estimates

If it is anticipated that fees are more than $25, you will be given a fee estimate. If the estimate of fees to be paid is $100 or more, you may be required to pay a 50% deposit.

Other Fees:

Appeals - General $25 - Payable to the Information and Privacy Commissioner

Appeals - Personal $10 - 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.

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.

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:

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.

IMPORTANT NOTICE:

City Hall is closed to both staff and the public until the state of emergency related to the COVID-19 pandemic is lifted. Unfortunately, this means that staff currently have limited access to City records. As a result, access to information requests (FOI requests) can’t be processed at this time. You may wish to delay filing your request until City Hall reopens. Should you decide to file your request now, it will be put on hold until it can be processed.

In a standard situation, the city will respond to a request within 30 calendar days of receiving the request, sufficient clarification and payment of the $5 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.

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.

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.

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.

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.

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