Freedom of Information and Protection of Privacy Act
Ontario, Chapter F.31
PART I -- ADMINISTRATION
- Responsible minister
The Lieutenant Governor in Council may by order
designate a minister of the Crown to be the responsible
minister for the purposes of this Act.
[R.S.O. 1990, c.F.31, s.3.]
- Information and Privacy Commissioner
- 4. (1)
There shall be appointed, as an officer of the
Legislature, an Information and Privacy Commissioner to
exercise the powers and perform the duties prescribed by this
or any other Act.
The Commissioner shall be appointed by the Lieutenant
Governor in Council on the address of the Assembly.
- Term and removal from office
The Commissioner shall hold office for a term of five
years and may be reappointed for a further term or terms, but
is removable at any time for cause by the Lieutenant Governor
in Council on the address of the Assembly.
- Assistant Commissioners
The Commissioner shall appoint one or two officers of
his or her staff to be Assistant Commissioners.
[R.S.O. 1990, c.F.31, s.4.]
- Nature of employment
- 5. (1)
The Commissioner shall work exclusively as
Commissioner and shall not hold any other office under the
Crown or engage in any other employment.
The Public Service Act and the Public Service Pension
Act do not apply to the Commissioner.
[R.S.O. 1990, c.F.31, s.5.]
- 6. (1)
The Commissioner shall be paid a salary to be fixed
by the Lieutenant Governor in Council.
The salary of the Commissioner shall not be reduced
except on the address of the Assembly.
The Commissioner is entitled to be paid reasonable
travelling and living expenses while absent from his or her
ordinary place of residence in the exercise of any functions
under this Act.
Part II of the Legislative Assembly Retirement Allowances Act,
except sections 15 and 16 and subsection 18(6),
applies with necessary modifications to the
Commissioner in the same manner as if the Commissioner were a
member of the Legislative Assembly and for the purpose,
"average annual remuneration"
means the average annual salary
of the Commissioner during any five years of his or her
service, which years need not be consecutive, during which
his or her salary was highest;
("rémunération annuelle moyenne")
means the salary of the Commissioner.
[R.S.O. 1990, c.F.31, s.6.]
- Temporary Commissioner
If, while the Legislature is not in session, the
Commissioner dies, resigns or is unable or neglects to
perform the functions of the office of Commissioner, the
Lieutenant Governor in Council may appoint a Temporary
Commissioner to hold office for a term of not more than six
months who shall, while in such office, have the powers and
duties of the Commissioner and shall be paid such salary or
other remuneration and expenses as the Lieutenant Governor in
Council may fix.
[R.S.O. 1990, c.F.31, s.7.]
- 8. (1)
Subject to the approval of the Lieutenant Governor
in Council, the Commissioner may employ mediators and any
other officers and employees the Commissioner considers
necessary for the efficient operation of the office and may
determine their salary and remuneration and terms and
conditions of employment.
The employee benefits applicable from time to time to
the public servants of Ontario with respect to,
apply to the employees of the Commissioner and where such
benefits are provided for in regulations made under the
Public Service Act, the Commissioner, or any person
authorized in writing by him or her, may exercise the powers
and duties of a minister or deputy minister or of the Civil
Service Commission under such regulations.
cumulative vacation and sick leave credits for
regular attendance and payments in respect of
plans for group life insurance, medical-surgical
insurance or long term income protection; and
the granting of leave of absence,
- Public Service Pension Plan
The Commissioner shall be deemed to have been
designated by the Lieutenant Governor in Council under the
Public Service Pension Act as a commission whose permanent
and probationary staff are required to be members of the
Public Service Pension Plan.
[R.S.O. 1990, c.F.31, s.8.]
- Premises and supplies
- 9. (1)
The Commissioner may lease any premises and acquire
any equipment and supplies necessary for the efficient
operation of the office of the Commissioner.
The accounts and financial transactions of the office
of the Commissioner shall be audited annually by the
[R.S.O. 1990, c.F.31, s.9.]
Part II -- Freedom of Information