Procedure for a Formal Access to Information Request – June 11, 2021

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PROCEDURE

FOR

FORMAL

ACCESS

INFORMATION

REQUEST

Procedure

Type:

Management

Initially

Approved:

June 11,

2021

Procedure

Sponsor:

General Counsel

and University

Secretary

Last Revised:

Primary

Contact:

Information

Management &

Privacy Office

Review

Scheduled:

June 11,

2026

Approver:

Executive Leadership Team

PROCEDURES

REQUESTING INFORMATION

1.1

Any individual may file a Formal Access to Information Request by submitting either

an Access to Information Request Form or making a request in writing, to the

Information Management and Privacy Advisor (“IMPA”).

a. If by mail to:

Information Management & Privacy Advisor

Information Management & Privacy Office

Mount Royal University

4825 Mount Royal Gate SW

Calgary, Alberta, T3E 6K6

b. Or by email at E-mail:

foip@mtroyal.ca

c. Or by requesting an appointment using:

foip@mtroyal.ca

1.2

The request must include at minimum the following:

a. A description of the information sought.

b. The date range of the information sought.

c. The Department/Faculty/Area/individual where the information resides, if known.

d. Sufficient detail such that the information can be identified in an efficient manner

as required in section 7(2) of the Act.

e. The contact information of the person requesting the information, such as: name,

address, phone number, and e-mail.

f. For requests that deal with Personal Information, authentication of identity is

required.

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1.3

The Information Management & Privacy Office will review the request, acknowledge

receipt of the request, advise the requestor of the time required to complete the

request, and provide details of any additional fees that are applicable.

1.4

The University will provide its final response to a Formal Access to Information

Request within 30 calendar days of initial receipt. That timeline may be extended

only in accordance with the limited circumstances provided under the Act. The IMPA

will notify the requestor of the date of final response or if a timeline extension is

warranted.

1.5

If the Records sought in a Formal Access to Information Request are teaching

materials, questions on an examination or test or research information of a faculty

member then access will be denied on the basis that the Records are excluded from

the Act.

IDENTIFYING, LOCATING, AND RETRIEVING RELEVANT RECORDS

2.1

The IMPA will provide the Senior Leader(s) of the Department(s) who holds the

Records and information with the specifics of the Formal Access to Information

Request, except for the name and contact information of the person making the

request. A timeline for completion of identifying, locating, and retrieving the relevant

Records will also be established by the IMPA.

2.2

Senior Leaders are responsible to ensure that unredacted copies of all Records and

information which are responsive to the Formal Access to Information Request, and

which are held by their Department are provided to the IMPA.

2.3

The Senior Leader may delegate specific tasks to fulfill the request to Employees in

the Department, however, remain accountable for the Records and information

produced.

2.4

Departments will not exclude any responsive Records or revise, redact, or destroy

any Record or information that is submitted to the IMPA. The IMPA is responsible for

assessing information contained within the Records provided by units, determining

what redactions are necessary and what will be released to the requestor.

2.5

The IMPA may require Departments to use the Access Request Search Summary

for identifying, locating, and retrieving relevant Records and information relating to

the Request to ensure the duty to assist has been fulfilled. This sheet may be used

to assist with any subsequent investigations undertaken by the Commissioner if a

complaint is made.

2.6

Formal Access to Information Requests which seek Health Information subject to the

Health Information Act of Alberta will be directed to the applicable Custodian, as

defined in the Health Information Act.

RELEASING INFORMATION

3.1

The IMPA will make the determination on whether the information contained within

a Record is classified as:

a. Disclosable information that must be released under the Act;

b. Non-disclosable information that must not be released under the Act; and

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c. Discretionary information that is not required to be released under the Act but

may be released at the discretion of the University.

3.2

If the IMPA determines that information contained within a Record is deemed to be

disclosable information that must be released under the Act, the IMPA will release

the information to the requestor.

3.3

If the IMPA determines that the information contained within a Record is non-

disclosable information that must not be released under the act, the IMPA will not

release that information to the requestor.

3.4

If the IMPA determines that the information contained within a Record is

discretionary information that may be released at the discretion of the University, the

following steps will be taken:

a. Senior Leaders may assign the responsibility to determine whether or not to

release the discretionary information to the IMPA in writing.

b. If the Senior Leader of the Department who holds the discretionary information

has assigned this responsibility, the IMPA will determine whether or not to

release the discretionary information to the requestor.

c. If the Senior Leader of the Department who holds the discretionary information

has not assigned this responsibility, the Senior Leader will determine, in

consultation with the IMPA, whether or not to release the discretionary

information to the requestor.

ANNUAL REPORTING

4.1

The IMPA will provide an annual report to the Executive Leadership Team. The

report will include:

a. the number and nature of Formal Access to Information Requests received;

b. the number of pages disclosed and a description of any other supporting medium

included in response to Formal Access to Information Requests;

c. the number of Formal Access to Information Requests where no Records are

provided; and

d. the number of complaints made to the Commissioner resulting from a decision

made by the University, including the Commissioner’s ruling if any has been

made.

DEFINITIONS

(1)

Act, the:

means the Freedom of Information and Protection of

Privacy Act, RSA, 2000, c F-25

(2)

Commissioner:

means the Information and Privacy Commissioner

appointed in accordance with the Act

(3)

Department:

means a faculty within the Academic Division or a

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department outside of the Academic Division

(4)

Employee:

means individuals who are engaged to work for the

University under an employment contract, including but

not limited to faculty, staff, exempt, casual and

management employees

(5)

Formal Access to

Information Request:

means a request for access to information/Records

made under the formal processes of the Act

(6)

IMPA:

means the University’s Information Management &

Privacy Advisor

(7)

Policy:

means the Access to Information policy

(8)

Record:

means a Record of information in any form and includes,

but is not limited to, notes, emails, letters, images,

audiovisual recordings, documents, maps, drawings,

photographs, letters, invoices and any other information

that is written, photographed, recorded, captured or

stored in any manner. Notably, the definition does not

include software or any mechanism that produces or

reads Records.

(9)

Senior Leader:

means either (i) any Employee who both reports to a

Vice-President or President and leads a Department

and (ii) any other person designated as a Senior Leader

by the Executive Leadership Team.

(10)

University:

means Mount Royal University

RELATED POLICIES

•

Access to Information Policy

•

Information Security Policy

•

RELATED LEGISLATION

•

Freedom of Information and Protection of Privacy Act, RSA, 2000, c F-25

RELATED DOCUMENTS

•

Access to Information Request Form

•

FOIP Delegation of Authority Table

•

Access Request Search Summary

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REVISION HISTORY

Date

(mm/dd/yyyy)

Description of

Change

Sections

Person who

Entered Revision

(Position Title)

Person who Authorized

Revision

(Position Title)

01/26/2022

Editorial

Policy Sponsor

Policy Advisor

General Counsel and

University Secretary

04/20/2023

Editorial

Definitions

Policy Advisor

General Counsel and

University Secretary