Thank you for providing MPAC…

Thank you for providing MPAC with an opportunity to comment on the Proposals to amend O.Reg. 244/97 and the Aggregate Resources of Ontario Provincial Standards under the Aggregate Resources Act.

As you are aware, the current regulatory scheme provides that applicants or their agents must notify adjacent landowners within 120 metres of any new aggregate proposal. The fact that a third party (the applicant or their agent) is legally required to provide such notices, however, does not supersede the privacy obligations of an institution (e.g., a municipality or MPAC) under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), nor does it give institution the legal authority to release personal information. Ownership and mailing addresses of individuals are deemed personal information and protected under Section 32(e) of MFIPPA from disclosure to third parties.

In Section 1.3.2 of the proposed amendments, the Ministry of Natural Resources and Forestry (MNRF) has suggested “clarifying that applicants are to obtain landowner contact information from municipalities so they can undertake the required notification process.” It is MPAC’s position – and the Information and Privacy Commissioner has consistently held – that for an institution to disclose individuals’ names and mailing addresses in compliance with MFIPPA, a statute or regulation must provide a mandatory duty on the institution to disclose such personal information; a discretionary ability to disclose is not sufficient. Thus, municipalities may only disclose owner names and mailing addresses to applicants/agents if there is a specific provision in a statute or regulation that imposes a duty on the municipality to disclose personal information for a particular purpose. Any mandate to disclose personal information should be restricted solely for the purposes outlined in the Aggregate Resources Act and the regulations made thereunder (i.e., to allow applicants/agents to notify adjacent landowners) and for no other purposes or inconsistent uses.

The ownership and mailing information that municipalities would likely use to respond to applicants/agents is generally sourced from MPAC data provided for other statutory purposes. Currently, there are 444 upper and lower tier municipalities across Ontario with varying abilities and resources to understand and apply MFIPPA requirements. Proceeding with an obligation for municipalities to disclose this personal information to applicants/agents would require affected municipalities to develop independent disclosure processes and use restrictions, which could be inconsistent and may not sufficiently protect personal information. In addition, applicants and their agents would benefit from a single source for notification information, rather than potentially coordinating with multiple contacts in various municipalities. Accordingly, MPAC recommends that any proposed legislative or regulatory amendment ought to require that the assessment corporation (i.e., MPAC), rather than municipalities, disclose the information directly to applicants and/or their agents.

MPAC already has robust disclosure and licensing mechanisms when personal or sensitive information must be disclosed. For example, if MPAC were required to disclose owner names and mailing addresses to applicants and/or their agents, MPAC could apply our standard licensing terms that would, among other things: (i) restrict use of the data solely for the intended purposes (i.e., notifying adjacent landowners); (ii) prohibit the misuse or unauthorized disclosure (including sublicensing) of personal information; (iii) require the destruction of personal information after the notices have been issued; and (iv) permit MPAC to charge its standard fees for compiling and disclosing the data, which fees are used to offset municipal levy payments under the Municipal Property Assessment Corporation Act.

Thank you again for allowing MPAC to make submissions on the proposed regulatory amendments.