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POLICY - Routine Disclosure - 20221005 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Routine Disclosure Policy Legislative Services Contact: Program Manager, Records Management Approval Authority: CAO Effective: October 5, 2022 ______________________________________________________________________________________ Background Routine Disclosure of records is a process that supports government transparency. This policy provides regulations for the Town of Aurora on records that may be released through this policy and which records must go through the Municipal Freedom of Information and Protection of Privacy Act (the Act) process. Objective Equal access to records and information is essential to government transparency. The Act requires the Town to put measures into place that provides access to records and information, as well as protect personal information. This policy is designed to streamline the Town’s release of records to support the organization’s operating needs and transparency, without eroding good business practices or circumventing internal controls and authorities. Scope This policy applies to all Town employees, elected officials, students and volunteers, contractors, subcontractors and third-party providers offering services on behalf of the Town, who have access to or in the course of their duties handle any records under the custody and control of the Town. Definitions Active Dissemination The routine or periodic release of government records identified in Appendix “B” in the absence of a request. These records are classified as public records as per the Classification and Retention By-law Schedule “A” and can be released by departments at any time. Clerk The Clerk, Deputy Clerk, or their designate of the Town, having all the powers and duties of the Clerk under the Municipal Act, 2001 and any other Act. 2 Confidential Information Any information that is of a personal nature to Town employees or clients or information that is not available to the public and that, if disclosed, could result in loss or damage to the Town, or could give the persons to whom it is disclosed an advantage. FOI Requests A written request by a person seeking access to records under Section 17 (1) of the Act or, an individual seeking access to their own personal information un der Section 37 (1) of the Act. Head The Clerk, as designated by a by-law enacted by Council. Informal Requests Written requests which do not require processes outlined in the Act. Personal Information Recorded information about an identifiable individual, including: • Information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or martial or family status; • Information relating to the education or the medical, psychiatric, psychological, criminal or employment history; • Information relating to financial transactions in which an individual has been involved; • Any identifying number, symbol or other particular assigned; • The address, telephone number, fingerprints or blood type; • The personal opinions or views of an individual except if they relate to another individual; • Correspondence sent to an institution by an individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence; and • An individual’s name if it appears with other personal information relating to an individual or where the disclosure of the name would reveal other personal information. “Personal Information” does not include information about i ndividuals acting in their business or professional capacity such as their name, title, work address, work telephone number or email address. Redact Concealing sensitive information prior to publication or release. 3 Routine Disclosure The automatic release of certain records identified in Appendix “A” in response to requests made informally and not through FOI requests. Third-party Information Personal information of a person; or scientific, technical, commercial, financial, or labour relations information supplied by someone other than the requestor or the Town. Policy This policy applies to any and all records created, maintained, managed and/or under the custody and control of the Town, regardless of medium and/or format that the record is contained in (i.e. paper, electronic, e-mail, microfiche, tape). This policy also applies to any collection, use and / or disclosure of any personal information by the Town. This policy does not apply to records or information subject to any exemptions as per the Act. It is the Town’s responsibility to ensure that there is no unwarranted collection, use or disclosure of personal information. Key principles of the Act include: • That the majority of information held by public institutions should be publicly accessible. • That only under specific limited circumstances, as described in the Act, should information be withheld from the public. • That all personal information, and otherwise confidential information held by public institutions, should be protected from unwarranted disclosure. • Those individuals who provide personal information to public institutions have a right at any time to view and/or correct this information. Records containing personal information will not be disclosed to anyone other than the individual to whom the information pertains to, unless: the personal information is redacted first; or its release is authorized by a policy, by-law or legislation. Records listed in Appendix “A” will only be disclosed through this policy and will not be released through an FOI request. The fees to be applied to records being released through this policy are the same as those associated with FOI requests and are located in the Fees and Charges By-law. There are several exceptions to the fees, also listed in the Fees and Charges By-law. 4 The following documents have fixed rates: • Plot, Engineering Drawings • Property Information Request • Tax and Water/Wastewater Certificate Documents being released without fixed rates will follow the rates Freedom of Information (F.O.I.) or Routine Disclosure rates in the Fees and Charges By-law. Responsibilities Employees • Shall be aware of and comply with this policy and any procedures with regard to releasing of any records. • Shall assist the public with informal requests for records. • Shall consult with their supervisor/manager/director or the Clerk when there are uncertainties about disclosure and/or dissemination. • Shall ensure that all personal information is protected as per the Act. • Shall notify their managers/supervisors immediately of any breach of privacy. Management • Ensure all employees are aware of this policy and that it is accessible in a location easily accessed by employees. • Shall assist the public with informal requests and active dissemination of records. • Shall consult with their director or the Clerk when there are uncertainties about disclosure and/or dissemination. • Shall ensure that personal information is protected and is not released outside of the Act. • Shall inform their director and the Clerk immediately of any breach of privacy. • Apply progressive disciplinary action for breach of policy and the Act where deemed necessary. Directors and CAO • Shall oversee the routine disclosure and active dissemination of records associated with their departments. • Shall ensure all divisions within their departments maintain compliance with respect to privacy as set out in the Act, and ensure all personal information is managed and protected. • Shall consult wit h the Clerk when there are uncertainties about disclosure and/or dissemination. • Shall communicate to the Clerk if there has been a breach of privacy. 5 • Shall apply appropriate progressive disciplinary action for breach of policy and the Act where deemed necessary. Town Clerk • Shall administer all aspects of this policy and procedures to ensure the Act is adhered to. • Shall update appendixes and procedures as required. • Shall monitor compliance with the policy and procedure. • Shall decide whether to approve a wa iver of fees associated with access to any records. • Shall provide guidance as to the process to submit a formal FOI request. • Shall ensure FOI’s are process as the delegated authority of the Head under the Act. • Shall provide notice to any affected person if their privacy was breached and will ensure that a copy of the notice is attached to the file from where the original records are housed according to the Classification and Retention By-law. • Shall notify the Information and Privacy Commissioner’s (IPC) office of any breach of personal information as per the Act. Monitoring and Compliance Non-compliance with this policy – whether intentional or deliberate – will constitute a violation. Consequences of noncompliance can include informal follow-ups and requests, external audits or formal direction on corrective measures. References • Confidentiality Policy • Corporate use of Social Media by Employees Policy • Records and Information Management Policy Review Timeline This policy will be reviewed 2 years after the initial approval date. 6 Procedure for Routine Disclosure Updated October 5, 2022 Steps Routine Disclosure 1. Requests for Town records by the public will be accepted verbally, in writing, or electronically. 2. The Town will review the request with the requestor and Appendix “A” will be used to determine whether the requested records can be released through routine disclosure. • If the information or record being requested does not exist, no further action will be taken. • If the request cannot be processed through routine disclosure or active dissemination, the request must go through the FOI process via the Clerk’s office. 3. The Town will charge the requestor the appropriate fee as outline in the Fees and Charges By-law and release the records to the requestor. Active Dissemination • Records identified in Appendix “B” that can be released through active dissemination shall be released at the discretion of management or as required by legislation. • Records may be released through social media, physical or digital means as required, or in accordance with best practices by the appropriate department. 7 Appendix A Record Series to be Released Through Routine Disclosure • Access to Information & Personal Information Protection – Compliance Reports • Air Photography • Air Pollution & Control • Building Permits* • By-laws • Classification & Retention By-law • Committee of Adjustment (CoA) • Committees Appointed – Meeting Management • Committees Appointed – Meeting Management Council / Committee Audio & Visual • Council Agendas and Minutes • Debt • Drinking Water Quality Management System (DWQMS) • Environmental Applications & Approvals • Environmental Assessments • Environmental Monitoring & Control • Financial Information Return (FIR) & Municipal Performance Management Program (MPMP) Reporting • Financial Statements & Auditor’s Reports • Fleet / Vehicle History & Maintenance Records for Fleet • Hardware & Software Manuals / Instructions / Operating Procedures • Heritage Resources • Inactive Achievement / Recognition Awards • Inactive Maps • Inactive Media Coverage about the Town of Aurora • Inactive Presentation & Speeches • Inactive Recreation Pool Water Testing • Inspections – Building* • Job Descriptions • Long Range Capital Plan Approved – Final • Master Plans • Municipal Election Administrative Records* • Municipal Election Records – Campaign Finance • Noise Pollution & Control • OMB Decisions • Organization Design 8 • Pesticide / Herbicide Application • Planning Applications* • Policies, Procedures, Standards and Guidelines • Property Reference File (Residential & Non-Residential)* • Property Tax: Charity & Vacancy Rebates • Road & Linear Asset Design Planning / Reconstruction • Staff Reports to Council • Strategic & Administrative Plans • Street Names & Numbers • Training Opportunities – External • Transportation Studies • Tree Inspections • Utility Location Records • Weather Monitoring • Web / Social Media Analytics • Weed Control * Personal Information cannot be released unless it belongs to the person who has made the request and photo identification has been checked. 9 Appendix B Record Series to be Released Through Active Dissemination • Achievement / Recognition Awards • Air Photography • By-laws • Cash Receipts1 • Committee of Adjustment (CoA) • Committees Appointed – Meeting Management • Council / Committee Audio & Visual • Council Agendas and Minutes • Election Records – Voters / Poll Lists2 • External Website Content Management • Hazardous Materials • Heritage Resources • Job Descriptions • Long Range Capital Plan – Approved – Final • Maps • Master Plans • Media Coverage about the Town of Aurora • Municipal Election Records – Campaign Finance • Organization Design • Pesticide / Herbicide Application • Photographs – Town of Aurora Event3 • Presentations & Speeches • Promotional, Publication Material & Information Packages Production & Distribution • Property Assessment Rolls4 • Property Tax Assessments, Levy Adjustments & Appeals3 • Public Notices • Recreation Pool Water Testing • Recreational Program Records3 • Staff Reports to Council5 • Strategic & Administrative Plans • Street Names & Numbers • Templates & Forms – Blanks 10 1. These records are only to be released to the person that made a payment and can provide proof of their transaction. 2. The Voters’ List is available per the Municipal Elections Act. 3. Personal information must be redacted and cannot be released. 4. These records m ay only be viewed at Town Hall and can not be photocopied or photographed . 5. Closed session staff reports cannot be released.