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ARTICLE · 02 NOVEMBER 2011

Freedom Of Information? But I'm A Corporation!

McMillan LLP
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McMillan LLP

McMillan LLP

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Corporations may be surprised to find that they have received a notice concerning a request made under Ontario's Freedom of Information and Protection of Privacy Act.

CanadaLitigation, Mediation & Arbitration

Corporations may be surprised to find that they have received a notice concerning a request made under Ontario's Freedom of Information and Protection of Privacy Act1 ("FIPPA") or other analogous pieces of provincial legislation. After all, the purpose behind such legislation relates to government institutions, including ministries, agencies, boards, commissions or corporations of the Government of Ontario. How could it relate to a private corporation?

FIPPA establishes a process for access to government documents through a freedom of information request ("access request"). Generally speaking, pursuant to FIPPA2, a person3 may make a request to an institution for records in the institution's custody or control, along with payment of a $5.00 fee. The head of the institution then makes a decision with respect to disclosure of the records. The party making the request may appeal a decision of the head of an institution by way of an appeal to the Information and Privacy

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