900460 — GENERAL, R.R.O. 1990, Reg. 460

s. 1

(1) The agencies, boards, commissions, corporations and other bodies listed in Column 1 of the Schedule are designated as institutions.

s. 1(2)

The person occupying the position listed in Column 2 of the Schedule opposite to each institution listed in Column 1 is designated as the head of that institution.

s. 2

A record capable of being produced from machine readable records is not included in the definition of “record” for the purposes of the Act if the process of producing it would unreasonably interfere with the operations of an institution.

s. 3

(1) A head who provides access to an original record must ensure the security of the record.

s. 3(2)

A head may require that a person who is granted access to an original record examine it at premises operated by the institution.

s. 3(3)

A head shall verify the identity of a person seeking access to his or her own personal information before giving the person access to it.

s. 4

(1) Every head shall ensure that reasonable measures to prevent unauthorized access to the records in his or her institution are defined, documented and put in place, taking into account the nature of the records to be protected.

s. 4(2)

Every head shall ensure that only those individuals who need a record for the performance of their duties shall have access to it.

s. 4(3)

Every head shall ensure that reasonable measures to protect the records in his or her institution from inadvertent destruction or damage are defined, documented and put in place, taking into account the nature of the records to be protected.

s. 5

(1) An institution that uses personal information shall retain the information for at least one year after use, except if,

s. 5(1)(a)

the individual to whom the information relates consents to its earlier disposal; or

s. 5(1)(b)

the information is credit or debit card payment data.

s. 5(2)

Despite subsection (1), an institution that uses personal information that is contained in a telecommunication logger tape in the custody or under the control of the institution shall retain the information for at least 45 days after use, except if the individual to whom the information relates consents to its earlier disposal.

s. 5.1

A head of an institution that receives a request for access to a record or personal information shall conclude that the request is frivolous or vexatious if,

s. 5.1(a)

the head is of the opinion on reasonable grounds that the request is part of a pattern of conduct that amounts to an abuse of the right of access or would interfere with the operations of the institution; or

s. 5.1(b)

the head is of the opinion on reasonable grounds that the request is made in bad faith or for a purpose other than to obtain access.

s. 5.2

The fee that shall be charged for the purposes of clause 24 (1) (c) or 48 (1) (c) of the Act shall be $5.

s. 5.3

(1) For the purposes of subsection 50 (1.1) of the Act, the fee payable for appealing a decision of a head to the Commissioner shall be,

s. 5.3(1)(a)

$25, if the person appealing has made a request for access to a record under subsection 24 (1);

s. 5.3(1)(b)

$10, if the person appealing has made a request for access to personal information under subsection 48 (1); and

s. 5.3(1)(c)

$10, if the person appealing has made a request for correction of personal information under subsection 47 (2).

s. 5.3(2)

For the purposes of subsection 50 (1.1) of the Act, no fee is payable for appealing a decision of a head to the Commissioner if the person appealing is given notice of a request under subsection 28 (1) of the Act.

s. 6

The following are the fees that shall be charged for the purposes of subsection 57 (1) of the Act for access to a record:

s. 6(1)

For photocopies and computer printouts, 20 cents per page.

s. 6(2)

For records provided on digital storage devices, $10 for each digital storage device.

s. 6(3)

For manually searching a record, $7.50 for each 15 minutes spent by any person.

s. 6(4)

For preparing a record for disclosure, including severing a part of the record, $7.50 for each 15 minutes spent by any person.

s. 6(5)

For developing a computer program or other method of producing a record from machine readable record, $15 for each 15 minutes spent by any person.

s. 6(6)

The costs, including computer costs, that the institution incurs in locating, retrieving, processing and copying the record if those costs are specified in an invoice that the institution has received. ; ; O. Regs. 38/26, s. 2.

s. 6.1

The following are the fees that shall be charged for the purposes of subsection 57 (1) of the Act for access to personal information about the individual making the request for access:

s. 6.1(1)

For photocopies and computer printouts, 20 cents per page.

s. 6.1(2)

For records provided on digital storage devices, $10 for each digital storage device.

s. 6.1(3)

For developing a computer program or other method of producing the personal information requested from machine readable record, $15 for each 15 minutes spent by any person.

s. 6.1(4)

The costs, including computer costs, that the institution incurs in locating, retrieving, processing and copying the personal information requested if those costs are specified in an invoice that the institution has received. ; ;

s. 7

(1) If a head gives a person an estimate of an amount payable under the Act and the estimate is $100 or more, the head may require the person to pay a deposit equal to 50 per cent of the estimate before the head takes any further steps to respond to the request.

s. 7(2)

A head shall refund any amount paid under subsection (1) that is subsequently waived.

s. 8

The following are prescribed as matters for a head to consider in deciding whether to waive all or part of a payment required to be made under the Act:

s. 8(1)

Whether the person requesting access to the record is given access to it.

s. 8(2)

If the amount of a payment would be $5 or less, whether the amount of the payment is too small to justify requiring payment.

s. 9

If a person is required to pay a fee for access to a record, the head may require the person to do so before giving the person access to the record.

s. 10

(1) The following are the terms and conditions relating to security and confidentiality that a person is required to agree to before a head may disclose personal information to that person for a research purpose:

s. 10(1)(1)

The person shall use the information only for a research purpose set out in the agreement or for which the person has written authorization from the institution.

s. 10(1)(2)

The person shall name in the agreement any other persons who will be given access to personal information in a form in which the individual to whom it relates can be identified.

s. 10(1)(3)

Before disclosing personal information to other persons under paragraph 2, the person shall enter into an agreement with those persons to ensure that they will not disclose it to any other person.

s. 10(1)(4)

The person shall keep the information in a physically secure location to which access is given only to the person and to the persons given access under paragraph 2.

s. 10(1)(5)

The person shall destroy all individual identifiers in the information by the date specified in the agreement.

s. 10(1)(6)

The person shall not contact any individual to whom personal information relates, directly or indirectly, without the prior written authority of the institution.

s. 10(1)(7)

The person shall ensure that no personal information will be used or disclosed in a form in which the individual to whom it relates can be identified without the written authority of the institution.

s. 10(1)(8)

The person shall notify the institution in writing immediately if the person becomes aware that any of the conditions set out in this section have been breached.

s. 10(2)

An agreement relating to the security and confidentiality of personal information to be disclosed for a research purpose shall be in the form titled “Security and Confidentiality Agreement of Personal Information for Research Purposes”, dated May 1, 2016 and available on the Government of Ontario’s Central Forms Repository website.

s. 11

A request for access to a record under Part II of the Act or for access to or correction of personal information under Part III of the Act shall be in a written form that specifies that it is a request made under the Act.

Schedule 1

Schedule

FORM 1 Revoked:

Form 2 Revoked:

Table

Item	Column 1 Institution	Column 2 Head
1.	Accessibility Standards Advisory Council	Minister for Seniors and Accessibility
2.	Agricorp	Chair of the Board
3.	Agricultural Research and Innovation Ontario	Minister of Agriculture, Food and Agribusiness
4.	Agriculture, Food and Rural Affairs Appeal Tribunal	Minister of Agriculture, Food and Agribusiness
5.	Alcohol and Gaming Commission of Ontario	Chief Executive Officer
6.	Algoma University	Executive Head
7.	Algonquin Forestry Authority	Chair
8.	Animal Care Review Board	Executive Chair, Tribunals Ontario
9.	Assessment Review Board	Executive Chair, Tribunals Ontario
10.	Big Game Management Advisory Committee	Minister of Natural Resources
11.	Brock University	Executive Head
12.	Building Code Commission	Minister of Municipal Affairs and Housing
13.	Building Materials Evaluation Commission	Minister of Municipal Affairs and Housing
14.	Building Ontario Fund	Minister of Finance
15.	Business Risk Management Review Committee	Minister of Agriculture, Food and Agribusiness
16.	Carleton University	Executive Head
17.	The Centennial Centre of Science and Technology	Minister of Tourism, Culture and Gaming
18.	Centralized Supply Chain Ontario	Chief Executive Officer
19.	Child and Family Services Review Board	Executive Chair, Tribunals Ontario
20.	Colleges of Applied Arts and Technology	Chair of the Board
21.	Committee on the Status of Species at Risk in Ontario	Minister of the Environment, Conservation and Parks
22.	Committee to Evaluate Drugs	Minister of Health
23.	Consent and Capacity Board	Minister of Health
24.	Crown Employees Grievance Settlement Board	Minister of Labour, Immigration, Training and Skills Development
25.	Custody Review Board	Executive Chair, Tribunals Ontario
26.	Death Investigation Oversight Council	Solicitor General
27.	Destination Ontario	Minister of Tourism, Culture and Gaming
28.	Education Quality and Accountability Office	Chair
29.	Education Relations Commission	Minister of Education
30.	Financial Services Regulatory Authority of Ontario	Chief Executive Officer
31.	Financial Services Tribunal	Minister of Finance
32.	Fire Safety Commission	Executive Chair, Tribunals Ontario
33.	Fish and Wildlife Heritage Commission	Minister of Natural Resources
34.	French Language Health Services Advisory Council	Minister of Health
35.	Grain Financial Protection Board	Minister of Agriculture, Food and Agribusiness
36.	Greenbelt Council	Minister of Municipal Affairs and Housing
37.	Health Professions Appeal and Review Board	Minister of Health
38.	Health Services Appeal and Review Board	Minister of Health
39.	Higher Education Quality Council of Ontario	Chair
40.	Human Rights Legal Support Centre	Chair
41.	Human Rights Tribunal of Ontario	Executive Chair, Tribunals Ontario
42.	iGaming Ontario	President and Chief Executive Officer
43.	Independent Electricity System Operator	Chief Executive Officer
44.	Intellectual Property Ontario	Chair of the board
45.	Investment Advisory Committee of the Public Guardian and Trustee	Attorney General
46.	Invest Ontario	Minister of Economic Development, Job Creation and Trade
47.	Justices of the Peace Remuneration Commission	President of the Treasury Board
48.	Labour-Management Advisory Committee	Minister of Labour, Immigration, Training and Skills Development
49.	Lakehead University	Executive Head
50.	Landlord and Tenant Board	Executive Chair, Tribunals Ontario
51.	Languages of Instruction Commission of Ontario	Minister of Education
52.	Laurentian University of Sudbury	Executive Head
53.	Law Enforcement Complaints Agency	Complaints Director
54.	Legal Aid Ontario	President of Legal Aid Ontario
55.	Licence Appeal Tribunal	Executive Chair, Tribunals Ontario
56.	Liquor Control Board of Ontario	President and Chief Executive Officer
57.	Livestock Financial Protection Board	Minister of Agriculture, Food and Agribusiness
58.	McMaster University	Executive Head
59.	McMichael Canadian Art Collection	Chief Executive Officer
60.	Metrolinx	Chief Executive Officer
61.	Metropolitan Toronto Convention Centre Corporation	President and Chief Executive Officer of the Corporation
62.	Minister’s Advisory Council on Special Education	Minister of Education
63.	Nawiinginokiima Forest Management Corporation	Minister of Natural Resources
64.	Niagara Escarpment Commission	Minister of Natural Resources
65.	Niagara Parks Commission	Chair of the Commission
66.	Nipissing University	Executive Head
67.	Normal Farm Practices Protection Board	Minister of Agriculture, Food and Agribusiness
68.	Northern Ontario Grow Bonds Corporation	Chair of the Board of Directors
69.	Northern Ontario Heritage Fund Corporation	Minister of Northern Economic Development and Growth
70.	Northern Ontario School of Medicine University	Executive Head
71.	Office for Victims of Crime	Attorney General
72.	Office of the Employer Adviser	Minister of Labour, Immigration, Training and Skills Development
73.	Office of the Fairness Commissioner	Commissioner
74.	Office of the Worker Adviser	Minister of Labour, Immigration, Training and Skills Development
75.	Ontario Advisory Committee on HIV/AIDS	Minister of Health
76.	Ontario Agency for Health Protection and Promotion	Chief Executive Officer
77.	Ontario Arts Council	Director and Chief Executive Officer
78.	Ontario Cannabis Retail Corporation	President and Chief Executive Officer
79.	Ontario Civilian Police Commission	Executive Chair, Tribunals Ontario
80.	Ontario Clean Water Agency	Chair
81.	Ontario College of Art & Design University	Executive Head
82.	Ontario Creates	Minister of Tourism, Culture and Gaming
83.	Ontario Electricity Financial Corporation	Chief Executive Officer
84.	Ontario Energy Board	Chair
85.	Ontario Farm Products Marketing Commission	Minister of Agriculture, Food and Agribusiness
86.	Ontario Financing Authority	Minister of Finance
87.	Ontario Food Terminal Board	Chair of the Board
88.	Ontario Geographic Names Board	Minister of Natural Resources
89.	Ontario Health	Chair of the Board
90.	Ontario Health atHome	Chief Executive Officer
91.	Ontario Heritage Trust	Minister of Citizenship and Multiculturalism
92.	Ontario Honours Advisory Council	Minister of Citizenship and Multiculturalism
93.	Ontario Human Rights Commission	Chief Commissioner
94.	Ontario Infrastructure and Lands Corporation	Chief Executive Officer
95.	Ontario Internal Audit Committee	President of the Treasury Board
96.	Ontario Labour Relations Board	Minister of Labour, Immigration, Training and Skills Development
97.	Ontario Land Tribunal	Chair
98.	Ontario Lottery and Gaming Corporation	President and Chief Executive Officer
99.	Ontario Mental Health Foundation	Chair
100.	Ontario Northland Transportation Commission	Chair of the Commission
101.	Ontario Parks Board of Directors	Minister of the Environment, Conservation and Parks
102.	Ontario Parole Board	Executive Chair, Tribunals Ontario
103.	Ontario Place Corporation	Minister of Tourism, Culture and Gaming
104.	Ontario Police Arbitration and Adjudication Commission	Solicitor General
105.	Ontario Power Generation Inc.	Chief Executive Officer
106.	Each subsidiary (as defined in subsection 2 (1) of the Electricity Act, 1998 ) of Ontario Power Generation Inc.	Chief Executive Officer of the subsidiary
107.	Ontario Research Fund Advisory Board	Minister of Colleges, Universities, Research Excellence and Security
108.	Ontario Review Board	Chair of the Board
109.	Ontario Securities Commission	Chair
110.	Ontario Special Education Tribunal (English)	Executive Chair, Tribunals Ontario
111.	Ontario Special Education Tribunal (French)	Executive Chair, Tribunals Ontario
112.	Ontario Trillium Foundation	Chief Executive Officer
113.	The Order of Ontario Advisory Council	Chief Justice of Ontario
114.	Ornge, incorporated under the Canada Corporations Act on October 8, 2004 as Ontario Air Ambulance Services Co.	Chair of the board of directors
115.	Ottawa Convention Centre Corporation	President
116.	Owen Sound Transportation Company Limited	President
117.	Pay Equity Commission	Minister of Labour, Immigration, Training and Skills Development
118.	Pay Equity Hearings Tribunal	Minister of Labour, Immigration, Training and Skills Development
119.	Post-secondary Education Quality Assessment Board	Minister of Colleges, Universities, Research Excellence and Security
120.	Prevention Council	Minister of Labour, Immigration, Training and Skills Development
121.	Provincial Advisory Committee on Francophone Affairs	Minister of Francophone Affairs
122.	Provincial Judges Pension Board	President of the Treasury Board
123.	Provincial Schools Authority	Minister of Education
124.	Public Guardian and Trustee	Attorney General
125.	Public Service Commission	Chair
126.	Public Service Grievance Board	Minister of Labour, Immigration, Training and Skills Development
127.	Queen’s University at Kingston	Executive Head
128.	Rabies Advisory Committee	Minister of Natural Resources
129.	Royal Ontario Museum	Chair of the Board
130.	Rural Economic Development Advisory Panel	Minister of Rural Affairs
131.	Science North	Chief Executive Officer
132.	Skilled Trades Ontario	Chair of the board of directors
133.	Social Benefits Tribunal	Executive Chair, Tribunals Ontario
134.	Soldiers Aid Commission	Minister of Children, Community and Social Services
135.	Special Investigations Unit	Director
136.	Species at Risk Program Advisory Committee	Minister of the Environment, Conservation and Parks
137.	St. Lawrence Parks Commission	Minister of Tourism, Culture and Gaming
138.	Temagami Forest Management Corporation	Minister of Natural Resources
139.	Toronto Metropolitan University	Executive Head
140.	Toronto Organizing Committee for the 2015 Pan American and Parapan American Games	Minister of Sport
141.	Trent University	Executive Head
142.	Université de Hearst	Executive Head
143.	Université de l’Ontario français	Executive Head
144.	University of Guelph	Executive Head
145.	University of Ontario Institute of Technology	Executive Head
146.	University of Ottawa	Executive Head
147.	University of Toronto	Executive Head
148.	The University of Waterloo	Executive Head
149.	The University of Western Ontario	Executive Head
150.	University of Windsor	Executive Head
151.	Venture Ontario	Minister of Economic Development, Job Creation and Trade
152.	Walkerton Clean Water Centre	Chief Executive Officer
153.	Wilfrid Laurier University	Executive Head
154.	Workplace Safety and Insurance Appeals Tribunal	Minister of Labour, Immigration, Training and Skills Development
155.	Workplace Safety and Insurance Board	Chair of the Board
156.	York University	Executive Head