Earlier this month the Information and Privacy Commissioner (IPC) of Ontario released its updated Code of Procedure for appeals under the Freedom of Information and Protection of Privacy Act (FIPPA) and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). The Code, which intends to provide provisions to secure the most fair, just, and expeditious determination on the merits of every Appeal, is in effect as of Monday, September 9, 2024. This updated Code will be of particular interest to our clerk members who oversee freedom of information and privacy programs. In December 2023, we submitted comments to the IPC on behalf of our members as part of the public consultation process.
The updates to the procedure begin to address some of the challenges faced by administrators highlighted in our Bill 194 submission on Strengthening Cybersecurity as well as recommendations outlined in our MFIPPA submission to the Province. To bring about predictability for municipalities participating in appeals and efficient use of resources, we are calling for improvements to the IPC processes and have provided timelines for the IPC when it comes to processing cases (e.g. timelines for resolution of IPC adjudications).
Thank you to our members who provided comments and contributed to our submission. We have conducted a comparison between our recommendations and the changes to the IPC Code, highlighting additions to the Code of Procedure. We look forward to seeing the updates in practice which may improve local caseloads. We will continue to share feedback with the IPC and are hopeful that a comprehensive review of MFIPPA could come within the next year.
When the Province, legislative officers, and municipalities work together, we can improve the processes that affect municipal staff and as a result, provide better services to the public.