Freedom of Information and Privacy

Contacts

Before you submit a request, please note that The Town of Newmarket is not the recordkeeper for the following:

  • York Region - You can submit a request to the Region here.
  • York Regional Police (YRP) - You can submit a request to YRP here.
  • Ontario/Superior Courts of Justice - Please visit their website or attend the courthouse in person. To order a transcript of a proceeding please visit Authorized Court Transcriptions for Ontario.
*The above links are provided for convenience only. Town staff are unable to assist with requests made to these bodies. 

FOI or Routine Dislcosure?

Need a copy of a record filed with or created by the Town? Start by calling Customer Service at 905-895-5193 or contacting the responsible department, if you know who they are.

The Town has a Routine Disclosure Policy​ that allows staff to provide some types of records upon request. If you want to know if something can be provided ask staff or consult the table attached to the policy.

Fire Incident Reports - If you are looking for a copy of a Fire Incident Report you will need to submit a request in writing to info@cyfs.ca.and pay the fee of $49.52 plus HST ($55.96). In your request, please indicate the following: the time, date and location of the incident, as well as any vehicle or license plate information that may help in locating the report if applicable. 

Building Plans - If you are the owner of a property, or an authorized agent, and wish to receive copies of plans in relation to your property you will need to submit a request to the Building Department by emailing buildings@newmarket.ca. Fees will apply.

If you are looking for access to a record that cannot be provided through the Routine Disclosure Policy, you may need to follow a more formal process called the Freedom of Information (FOI) process. 

You can submit an FOI Request by completing the online request form and calling customer service to complete payment of the $5 application fee. The fee can be paid by credit card over the phone. This fee must be paid for staff to begin processing your request.

If you have questions about the freedom of infomation process, please email accessandprivacy@newmarket.ca 

Please note that additional search and processing fees will be applicable based on search time, complexity of request, volume of records, or reproduction requirements. See below for a break down of fees. All fees must be paid before records will be released. 

Records will be provided digitally by email or via file share unless specifically requested otherwise.

FOI form button.png

Alternatively, you can download and complete the PDF form and send in the request and the $5 fee by mail to the Municipal Offices. 

The FOI process is governed by the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) which provides a right of access to information under the control of institutions in accordance with the principles that information should be available to the public and that individuals have a right to privacy. The FOI process is designed to ensure that all requests for access are treated fairly and objectively. It recognizes that information should be available to the public, but that there are legitimate exemptions, such as the personal privacy of others, trade secrets, solicitor-client privilege, and more. By filing an FOI request you have the right to appeal any decision by the Town to the Information and Privacy Commissioner of Ontario (IPC). 

What kind of information can be requested?
MFIPPA gives everyone the right of access to most recorded information held by government organizations. A record is defined as any record of information however recorded that can be read or reproduced. Records are both electronic and paper-based and can contain information on any subject. Every department is responsible for maintaining their own records according to the Town's Records Retention Policy. This includes Central York Fire Services but does not include the Newmarket Public Library. Click here for the Library's Privacy Statement.
How do I make a formal Freedom of Information (FOI) Request?
  1. Complete a Freedom of Information Access/Correction Request Form 
  2. Submit the completed Freedom of Information Access/Correction Request Form and mandatory $5 application fee by mail, or in-person to the Legislative Services Department at 395 Mulock Drive, PO Box 328 Station Main, Newmarket, Ontario L3Y 4X7 

*Payments can be made in the form of cash, cheque (made payable to the Town of Newmarket), VISA, Mastercard, American Express, Debit Card, certified cheque or money order. Please DO NOT send cash in the mail. 

 If you are requesting access to, or a correction of your own personal information, please include with your completed application form, a photocopy of a piece of identification (e.g. driver's licence) bearing your signature. This will allow Town Staff to verify your identity so that your personal information is not disclosed to someone other than yourself. 

If you are acting as an agent on someone else's behalf, please include with the completed application, a signed Consent to Release Form from that individual authorizing you to act on their behalf, as well as a photocopy of a piece of their identification (e.g. driver's licence) bearing their signature for verification purposes.

What happens after I submit my FOI request?
  1. Completed Application is received by the Town Legislative Services Department. 
  2. Legislative Services contacts responsible departments/divisions to notify of request and are asked to provide responsive records in prescribed time. 
  3. Records reviewed to determine if exemptions apply under the MFIPPA. 
  4.  Records severed to remove non-responsive or exempt information. 
  5. Interim decision letters may be issued regarding fee estimates, third party notices, time extensions, etc. In most cases, decision letters issued within 30 days after date of application.
May I appeal the Town’s response to my request?

If you are not satisfied with the Town's response to your access request, you may request that the decision be reviewed within 30 days of receiving the decision by writing to: 

Fees for General Information Requests

Requests for information about another individual, a government program or activity are considered general information requests. In addition to the mandatory $5 FOI application fee, the following fees apply to requests for general information:

  • Time spent manually searching for records: $7.50 per every 15 minutes;
  • Records Preparation: $7.50 per every 15 minutes required to prepare records for disclosure;
  • Photocopying and Computer Printouts: $0.20 per page;
  • USB: $10 each;
  • Computer Programming: $15.00 for every 15 minutes if necessary to develop a computer program to retrieve information;
  • The costs, including computer costs that the Town incurs in locating, retrieving, processing and copying the record if those costs are specific in an invoice that the Town has received;
  • Appeal Fee: $25 to be paid to the IPC if an appeal is filed

Fees for Personal Information Requests
  • Photocopying and Computer Printouts: $0.20 per page;
  • USBs: $10 for each USB;
  • Computer Programming: $15, 15 minutes if necessary to develop a computer program to retrieve information;
  • The costs, including computer costs, which the Town incurs in locating, retrieving, processing and copying the record if those costs, are specific in an invoice that the Town has received.
Requests from Law Enforcement
Law enforcement agencies such as York Regional Police may request information from the Town to aid in an investigation. Records routinely available to the public are also routinely available to any law enforcement agency in accordance with the Routine Disclosure Policy. Records containing personal information may also be disclosed to a law enforcement agency. These types of requests must be made in writing to the Clerk or designate by completing the Law Enforcement Request Form. Any requests involving confidential or third party information will require a subpoena.
Requests from Researchers
Records routinely available to the public are also routinely available to researchers. Researchers requesting access to records containing personal information for any type of research or analysis must complete and sign a Research Agreement. Requests for confidential or third party information for research purposes requires the completion of an FOI request.