IPCO Launches Public Consultation on Appeal Procedures

The Information and Privacy Commissioner of Ontario (IPCO) has launched a public consultation on proposed revisions to the 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).

According to the official announcement:

Transparency and accountability are necessary for maintaining and ensuring the public’s trust in government. As a modern and effective regulator, the IPC is committed to providing Ontarians with timely resolution of their access appeals and transparency about the appeals process.

Purpose of revisions to the code of procedure

The current code of procedure last underwent a review in 2004 and has not been substantially updated since. The IPC has recently updated the document to:

• reflect the IPC’s current and future operations for considering appeals under FIPPA and MFIPPA
• improve timeliness for the processing of appeals
• maintain the fair and just consideration of appeals
• provide greater transparency and understanding of the IPC’s procedures when considering appeals

If you or your institution is involved in freedom of information appeals in Ontario under FIPPA or MFIPPA, this consultation represents your opportunity to comment on the changes IPCO is proposing. IPCO confirms “[it] will take the feedback it receives into consideration before publishing a final version of the code.”

Highlights of the changes are available on IPCO’s website. Most of the changes appear to be updates to the Code to better reflect current practice. For example, the proposed changes clarify that the IPCO adjudicator “may decline to conduct an inquiry where an appellant has failed or refused to engage in meaningful efforts to mediate a dispute.” Other changes appear to be an attempt to streamline the process and reduce IPCO’s workload when processing appeals, such as the new power in Section 9 to “stream specifically identified appeal types to a new expedited appeals process.”

Interested parties may submit their feedback to IPCO via code.consultation@ipc.on.ca. The submission deadline is December 21, 2023.

Of course, the best way for institutions to deal with IPCO appeals is to avoid them all together! The FOI Assist software can help by tracking deadlines and preparing decision letters that comply with the latest IPCO guidance. To see how the FOI Assist software can help your institution, and even make it easy to accept FOI requests online, book a demonstration today.