What records of municipalities are subject to the FOIP Act?
• All records that are in the custody or under the control of the municipality are subject to the FOIP Act (section 4(1)) unless a specific exclusion applies. • A municipality has custody of a record when the record is in the possession of the municipality. This includes situations where the records of a third party are kept on the premises of the municipality. • A record is under the control of a municipality when it has the authority to manage the record, including restricting, regulating and administering its use, disclosure and disposition.
