Manual
APPENDIX IV
SAMPLE NOTIFICATION LETTERS
1.
Notification to Requester
- Further information/Clarification required
2.
Notice to Institution Receiving a Transferred/Forwarded Request
3. Notice of
Time Extension
4. Fee
Estimate/Interim Notice regarding disclosure
5.
Notice to Affected Third Party (section 17/10: third party information)
6.
Notice to Affected Third Party (section 21/14: personal privacy)
7.
Notice to Requester Where Third Party is Affected
8. Notice
to Affected Third Party (after representations where head intends to
release the record(s))
9. Notice
to Requester Regarding an Access Decision
- granting access to records
- denying access to records or parts of records
- refusal to confirm existence
- summary of record categories
10.
Notice to Requester - Correction of Personal Information
11.
Additional Information Where Appeals are Likely
12. Internal
Memo to Program Area Regarding an FOI Request
See Chapter 3
(Access Procedures) for a detailed discussion of when notifications are
required during the processing of a request.
# 1 Notification to Requester
[Date]Request Number[#]
[Requester's name and address]
Dear __________________:
Thank you for your access request which we received on [insert
date] under the [Municipal] Freedom of Information
and Protection of Privacy Act. We received your $5.00 application fee
and your request for access to the following:
[insert details of records requested]
Option:
Further information/Clarification required
Unfortunately, the request does not provide sufficient detail to
identify the record(s). Please supply the following information so that we
may begin to process your request:
[insert details of information needed]
We would be happy to answer any questions or assist you in clarifying
or reformulating your request.
If we do not hear from you within 30 days of this letter's date, we
will close your file.
Option:
Transfer/Forward
[Name and address of other institution] has (custody
or control of) OR (a greater interest in) the records you
seek. Under section 25/18 of the Act, we (forwarded) OR
(transferred) your access request to them [enclose s.25/18]. Since we are
not processing your request we are returning your $5.00 application fee
with this letter. Please send a new application fee to the institution
listed above.
You may appeal this decision to the Information and Privacy
Commissioner. The Commission can be reached at:
See also Additional Information #11
Please contact [name, title and phone number of person
responsible] if you have any questions. We would appreciate you
using the Request number [#] assigned to your request in any further
correspondence.
NOTE: As quickly as possible, the head or delegate should
notify the other institution that a request is being forwarded/transferred
Sincerely,
[signed by head or delegate]
encl.
#2 Notice to Institution Receiving a
Transferred/Forwarded Request
[Date] Request Number[#]
[Name and address of transferee institution]
Dear __________________:
The enclosed request for access was received on [date].
This request is [transferred/forwarded] to you under section 25/18 of the[Municipal]
Freedom of Information and Protection of Privacy Act as we believe
your institution has [custody or control of/greater interest in] the
record.
We have returned the application fee to the requester and have instructed
him/her to send an application fee to you.
Sincerely,
[signed by Freedom of Information and Privacy Coordinator]
#3 Notice of Time Extension
[Date] Request Number[#]
[Requester's name and address]
Dear __________________:
Thank you for your access request which we received on [insert
date] under the [Municipal] Freedom of Information
and Protection of Privacy Act. We received your $5.00 application fee
and your request for access to the following:
[insert details of records requested]
A request under the Act usually must be answered within 30 calendar days,
however section 27/20 (enclosed) allows for time extensions under certain
circumstances. The time limit for answering your request has been extended
for an additional [insert number] days to [insert
date].
The reason for the time extension is [insert reason]:
You may request that our decision to extend the time limit be reviewed by
the Information and Privacy Commissioner. The Commissioner can be reached
at:
[insert address]
See also Additional Information #11
Please contact [name, title and phone number of person responsible]
if you have any questions. We would appreciate you using the Request
number [#] assigned to your request in any further correspondence.
Sincerely,
[signed by head or delegate]
#4 Fee Estimate/Interim Decision Regarding
Disclosure
[Date]Request Number[#]
[Requester's name and address]
Dear __________________:
Thank you for your request which we received on [insert date]
under the [Municipal] Freedom of Information and Protection
of Privacy Act for access to [describe records requested].
An initial review of the records indicates that it will cost an estimated
[enter amount] to process your request. The fee estimate
is based on [explain fee estimate].
As we have not yet reviewed the records in detail, no final decision has
been made regarding access but the following exemptions will likely apply.
[Generally describe what exemptions might apply to the records].
[AND: Where the fee estimate is over $100.00]
Regulation 460/823 s.7, says that where the fee estimate is over
$100.00, an institution may request a deposit equal to 50% of the
estimated fee. We will wait until we receive the amount of [enter
amount] from you before we resume processing the request.
The Act provides that all or part of the fee can be waived if in our
opinion it is fair and equitable to do so, if the fee will cause you
financial hardship or if dissemination of the record will benefit public
health or safety. You may be required to provide proof to support any
waiver claims. Please notify [insert name, title and phone number]
as soon as possible of your wish to proceed with a request for a fee
waiver.
If you disagree with any aspect of the fees, or wish to revise your
request, please discuss the matter with us. Afterward, you may request
that this fee estimate be reviewed by the Information and Privacy
Commissioner. The Commissioner can be reached at:
[insert address]
See also Additional Information #11
Please note that you have 30 days from the receipt of this letter to
request a review from the Commissioner. If we have not heard from you
within 30 days we will close your file.
Enclosed is a copy of section 57/45 of the Act and the relevant
regulations [optional]. Please contact [name,
title and phone number of person responsible] with any questions.
We would appreciate you using the Request number [#] assigned to your
request in any further correspondence
Sincerely,
[signed by head or delegate]
#5 Notice to Affected Third Party -
Section 17/10: Third Party Information
[Date]Request Number[#]
[Affected third party's name and address]
Dear __________________:
The [name of institution] has received a request for
access to records under the [Municipal] Freedom of Information and
Protection of Privacy Act to disclose [describe in detail the
records as they relate to the s.17/10 affected third party].
According to section 28/21 of the Act, a third party whose interests may
be affected must be given the opportunity to make representations to the
head of an institution concerning disclosure of the records.
To successfully qualify for a third party exemption, all of the
following three tests must be met:
- the information must fit within one of the specified categories of
third party information: trade secret or scientific, technical,
commercial, financial or labour relations information;
- the information must have been supplied by the third party in
confidence, implicitly or explicitly; and
- the disclosure of the information could reasonably be expected to
cause one of the harms indicated below:
prejudice your competitive position or interfere with any
contractual rights you possess, or
result in you no longer supplying this or similar information to [name
of institution], or
result in undue loss or gain to any person, business, or organization
of which you are aware.
Under section 17/10 of the Act, we must release these records unless the
above conditions are met. Please review the attached records.
If you have concerns about the release of the records please contact
us, in writing, no later than [insert date] outlining
your concerns. In order to support your claims against the release of the
records or portions of the records, you must show how those records meet
the third party criteria listed above.
We will notify you in writing by [insert date] about our
decision regarding the release of the records.
Enclosed are copies of sections 17/10 and 28/21 of the Act for your
convenience and information [optional]. Please contact [name,
title and phone number of person responsible] if you have any
questions. We would appreciate you using the request number [#] assigned
to the request in any correspondence
Sincerely,
[signed by head or delegate]
#6 Notice to Affected Third Party -
Section 21 FIPPA/14 MFIPPA: Personal Information
[Date]Request Number[#]
[Affected third party's name and address]
Dear __________________:
The [name of institution] has received a request under
the [Municipal] Freedom of Information and Protection of
Privacy Act to disclose [describe in detail the records as
they relate to the affected individual].
Section 28/ 21 of the Act says individuals have the opportunity to make
representations about the release of their personal information to a third
party.
Your views regarding disclosure of these records is appreciated. Please
indicate in writing whether or not you consider that the disclosure of the
enclosed records would be an invasion of your personal privacy. Section
21/14 of the Act outlines circumstances where the disclosure of personal
information may be an unjustified invasion of personal privacy.
Your response must be received no later than [insert date].
You will be notified in writing by [insert date] about
our decision regarding the release of the records.
Enclosed are copies of sections 21/14 and 28/21 of the Act for your
convenience and information [optional]. Please contact [name,
title and phone number of person responsible] if you have any
further questions. We would appreciate you using the Request number [#]
assigned to the request in any correspondence.
Sincerely,
[signed by head or delegate]
#7 Notice to Requester Where Third Party
is Affected
[Date]Request Number[#]
[Requester's name and address]
Dear __________________:
Thank you for your request which we received on [insert date]
under the [Municipal] Freedom of Information and Protection
of Privacy Act for access to [describe records requested].
The disclosure of the records may affect the interests of a third
party.
The third party whose interests may be affected is being given the
opportunity to make representations about the release of the record(s).
A decision on whether or not the record(s) will be disclosed will be made
by [insert date], under section 28/21 of the Act.
Enclosed is a copy of section 28/21 of the Act for your convenience and
information [optional]. Please contact [name,
title and phone number of person responsible] if you have any
further questions. We would appreciate you using the Request number [#]
assigned to the request in any correspondence
Sincerely,
[signed by head or delegate]
#8 Notice to Affected Third Party After
Representations Where Head Intends to Release the Record(s)
[Date]Request Number[#]
[Affected third party's name and address]
Dear __________________:
We have received and considered your representations concerning disclosure
of [details of the record(s)]. Our decision is to grant
access [or partial access] to the record(s). [Give
reasons for the decision].
Under section 28/21 of the [Municipal] Freedom of Information
and Protection of Privacy Act, you may request that this decision be
reviewed by the Information and Privacy Commissioner. The Commissioner can
be reached at:
[insert address]
See also Additional Information #11
You have until [insert date] to request a review,
otherwise the records will be released to the requester.
Please contact [name, title and phone number of person responsible]
if you have any further questions. We would appreciate you using the
Request number [#] assigned to the request in any further correspondence
Sincerely,
[signed by head or delegate]
#9 Notice to Requester Regarding an Access
Decision
[Date]Request Number[#]
[Requester's name and address]
Dear __________________:
In response to your request under the [Municipal] Freedom of
Information and Protection of Privacy Act for access to [describe
records requested].
Option:
access granted
I am pleased to inform you access is granted to [insert details].
Option:
subject to copyright
Please note that you are bound by any copyright that applies to the
records you receive under this Act.
Option:
no records exist
Access cannot be provided to [insert details of nonexistent
records] as the records do not exist.
Option:
denial of access
Access is denied to [insert details of withheld records]
under section(s) [insert section numbers] of the Act. The
provisions apply to the record(s) because [insert reasons].
Option:
refusal to confirm existence
Under section [12(5)/14(5)] OR [14(3)/8(3)], we cannot
confirm or deny the existence of the record.
Option:
summary of records categories
Due to the complexity of your request, we have summarized the records
categories in order to provide you with an overview of the access decision
made.
You may request that this decision be reviewed by the Information and
Privacy Commissioner. The Commissioner can be reached at:
[insert address]
See also Additional Information #11
Please note that you have 30 days from the receipt of this letter to
request a review.
Enclosed is a copy of section [insert relevant section number]
of the Act for your convenience and information [optional].
Please contact [name, title and phone number of person responsible]
if you have any questions. We would appreciate you using the Request
number [#] assigned to your request in any further correspondence
Sincerely,
[signed by head or designate]
NOTE: In this notice (if partial access is granted), the
institution may wish to:
- indicate the fees for access to the records, if any;
- give the requester the option to view the record; or
- indicate that identification will be required if access is
given to an individual's own personal information
#10 Notice to Requester - Correction of
Personal Information
[Date]Request Number[#]
[Requester's name and address]
Dear __________________:
Your request under the [Municipal] Freedom of Information and
Protection of Privacy Act for a correction of personal information
was received on [insert date].
The correction was made and a copy of the corrected record is attached. On
request, you are entitled to have the correction sent to those persons to
whom the information was disclosed over the past 12 months.
OR
The correction was not made to the personal information. In reaching this
decision we considered the following 3 elements: 1) whether the
information is personal and private; 2) whether the information is
inexact, incomplete or ambiguous and 3) whether the correction would be a
substitution of opinion AND/OR [insert reason why
the request was refused][optional].
You are entitled to require that a statement of disagreement be attached
to the record and that the statement of disagreement be sent to any person
to whom the record was disclosed over the past 12 months.
You may appeal this decision to the Information and Privacy Commissioner.
The Commissioner can be reached at:
[insert address]
See also Additional Information #11
Please note that you have 30 days from the receipt of this letter to
request a review.
Sincerely,
[signed by head or designate]
NOTE: With this notice, the institution may wish to include a
listing of the persons to whom the personal information was disclosed over
the past 12 months (this listing will not include those persons listed in
the personal information bank index)
#11 Additional Information Where
Appeal's are Likely:
If you decide to appeal a decision to the Information and Privacy
Commissioner, please provide the Commissioner's office with:
1) The request number assigned to the request
2) A copy of this decision letter, and
3) A copy of the original request you sent to this institution.
Appeals to the Commissioner must also be accompanied by the appropriate
fee. Fees vary according to the nature of the request being appealed as
follows:
(a) $25, if the person appealing has made a request for access to a
general record under subsection 24(1) FIPPA / 17(1) MFIPPA;
(b) $10, if the person appealing has made a request for access to personal
information under subsection 48(1) FIPPA / 37(1) MFIPPA; and
(c) $10, if the person appealing has made a request for correction of
personal information under subsection 47(2) FIPPA / 36(2) MFIPPA.
No fee is payable for appealing a decision of a head to the Commissioner
if the person appealing is a third party given notice of a request under
subsection 28(1) FIPPA / 21(1) MFIPPA of the Act.
#12 Internal Memo To Program Area Regarding a
FOI Request
MEMORANDUM TO: (Name of Contact and Program Area)
OUR REFERENCE: Request [#]
SUBJECT: Freedom of Information Request
The attached request was made under [Municipal] Freedom of
Information and Protection of Privacy Act and concerns records which
we believe to be in the custody of your [area].
Please review the request and conduct a search for the records.
Your response to this request should be forwarded to this office, to be
received on or before [date], and should include:
1. copies of the records (if too voluminous to copy, please contact us);
2. an indication of the number of photocopies made in response to this
request and a tally of the person-hours spent searching for the record(s);
and
3. your written recommendations regarding disclosure.
If the records are not in the custody of your area please provide a
"nil" response. It should be noted that "nil"
responses may require an affidavit at a later date; therefore, please note
the date, time and location of the searches conducted.
Upon receiving your reply, we will review your findings and the requested
records and if necessary, consult with our legal counsel before preparing
the notification to the requester.
Any decision to apply an exemption will be reviewed with the head before
it is sent to the requester.
If you have any questions please call me at [telephone#]
Freedom of Information and Privacy Coordinator
Enclosure
cc. [any appropriate persons]
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OCIPO 
