Access to Information and Protection of Personal Information Regulations

t MUNICIPAL GOVERNMENT ACT ACCESS TO INFORMATION AND PROTECTION OF PERSONAL INFORMATION REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to April 1, 2020. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Access to Information and Protection of Personal Information Regulations Table of Contents ACCESS TO INFORMATION AND PROTECTION OF PERSONAL INFORMATION REGULATIONS Table of Contents Section Page 1. Definitions................................................................................................................................................ 5 2. Application ............................................................................................................................................... 6 PART 1 - ACCESS TO INFORMATION 6 3. Accessibility ............................................................................................................................................. 6 4. Coordinator to be appointed ..................................................................................................................... 7 5. Application for access to information ...................................................................................................... 7 6. Entitlement to access ................................................................................................................................ 7 7. Duties of Coordinator ............................................................................................................................... 8 8. Information not available ......................................................................................................................... 9 9. Inspection of records or documents ......................................................................................................... 9 10. Fees .......................................................................................................................................................... 9 PART II – PROTECTION OF PERSONAL INFORMATION 10 11. Authority to collect information ............................................................................................................. 10 12. Manner of collection .............................................................................................................................. 10 13. Right to be informed .............................................................................................................................. 11 14. Accuracy of personal information .......................................................................................................... 11 15. Right to request a correction to personal information ............................................................................ 12 16. Record of request to correct to personal information ............................................................................. 12 17. Security of personal information ............................................................................................................ 13 18. Use of personal information by municipality ......................................................................................... 13 19. Disclosure of personal information by municipality .............................................................................. 14 20. Use or disclosure consistent with purpose ............................................................................................. 14 21. Disclosure for research or statistical purposes ....................................................................................... 15 22. Disclosure of personal information to applicant .................................................................................... 15 23. Refuse to disclose information where threat to health or public safety .................................................. 15 24. Complaint and review ............................................................................................................................ 16 25. Response by council............................................................................................................................... 16 26. Adjudicator’s process ............................................................................................................................. 16 27. Decision of adjudicator .......................................................................................................................... 17 28. Effect of decision ................................................................................................................................... 17 29. Informal resolution ................................................................................................................................. 17 30. Commencement ..................................................................................................................................... 17 c t Current to: April 1, 2020 Page 3 Access to Information and Protection of Personal Information Regulations Section 1 MUNICIPAL GOVERNMENT ACT CHAPTER M-12.1 ACCESS TO INFORMATION AND PROTECTION OF PERSONAL INFORMATION REGULATIONS Pursuant to sections 147 and 148 and clause 261(1)(g) of the Municipal Government Act R.S.P.E.I. 1988, Cap. M-12.1, Council made the following regulations: 1. Definitions In these regulations, (a) “Act” means the Municipal Government Act R.S.P.E.I. 1988, Cap. M-12.1; (b) “applicant” means a person applying for access to information under the Act or the bylaw; (c) “bylaw” means an Access to Information and Protection of Personal Information Bylaw made by a council of a municipality pursuant to sections 147 and 148 of the Act; (d) “Coordinator” means an Access to Information and Protection of Privacy Coordinator appointed by the council of a municipality pursuant to the bylaw; (e) “development” means development as defined in the Planning Act R.S.P.E.I. 1988, Cap P-8; (f) “law enforcement” means (i) policing, including criminal intelligence operations, (ii) a police, security or administrative investigation, including the complaint giving rise to the investigation, that leads or could lead to a penalty or sanction, including a penalty or sanction imposed by the body conducting the investigation or by another body to which the results of the investigation are referred, or (iii) proceedings that lead or could lead to a penalty or sanction, including a penalty or sanction imposed by the body conducting the proceedings, or by another body to which the results of the proceedings are referred; (g) “third party” means a person, a group of persons or an organization other than an applicant or a municipality. (EC696/19) c t Current to: April 1, 2020 Page 5 Access to Information and Protection of Personal Information Section 2 Regulations 2. Application (1) The bylaw made pursuant to the Act and in accordance with this regulation applies to (a) access to information referred to in section 147 of the Act; and (b) the protection of personal information pursuant to section 148 of the Act. Effect of bylaw on existing information (2) For greater certainty, the bylaw shall not prohibit a municipality from providing access to information, other than personal information, (a) that was collected by the municipality prior to the coming into force of the Act; (b) that is in the custody or under the control of the municipality; and (c) to which the municipality would have provided access prior to the making of the bylaw. (EC696/19) PART 1 - ACCESS TO INFORMATION 3. Accessibility (1) The bylaw shall provide that information referred to in subsection (2) and in subsection 6(3), subject to the limitations specified in that subsection, that is under the control of the municipality shall be accessible to any person (a) if the municipality has established an office, at the office of the municipality during either (i) regular office hours, or (ii) if there are no regular office hours, at a time agreed to between the person and the Coordinator; or (b) if the municipality has no office, at a time and place agreed to between the person and the Coordinator. Public documents (2) The bylaw shall include a provision requiring the municipality to promptly make available for public inspection the following information: (a) current approved financial plans; (b) current approved annual financial statements; (c) audited financial reports; (d) minutes of all meetings of the council and council committees; (e) resolutions contained in the register referred to in clause 93(3)(i) of the Act; (f) bylaws or proposed bylaws which have received first reading; (g) all compensation, expenses and other payments made annually to each council member for the previous fiscal year; (h) all compensation, expenses and other payments made annually to council committee members and all members of any boards or other bodies established by council for the previous fiscal year; (i) current strategic plans; (j) all policies. (EC696/19) Page 6 Current to: April 1, 2020 t c Access to Information and Protection of Personal Information Regulations Section 4 4. Coordinator to be appointed (1) The bylaw shall provide that the council of a municipality shall appoint an Access to Information and Protection of Privacy Coordinator whose duties shall include (a) accepting and processing applications for access to information; (b) clarifying and responding to access to information applications, including deciding whether to grant or refuse the application for access to information; (c) providing education and training to members of council and employees of the municipality with respect to the bylaw and the Act as it applies to access to information and the protection of personal information; (d) assisting municipal staff in conducting searches in response to access to information applications; (e) preparing fee estimates; and (f) providing a written annual report to the council of the municipality which includes, at a minimum, (i) the number of applications for access to information, (ii) the number of applications where access to information was granted, and (iii) the number of applications where access to information was denied. Ineligible persons (2) The bylaw shall provide that the following persons are not eligible to be appointed as the Coordinator for the municipality: (a) a person who is appointed or employed as the chief administrative officer of another municipality; (b) a member of council. (EC696/19) 5. Application for access to information (1) The bylaw shall establish rules in relation to applications for access to information including that (a) an application for access to information shall be made by the applicant, in writing, to the Coordinator; and (b) an application for access to information shall (i) provide sufficient detail to enable the Coordinator to identify the information sought, and (ii) indicate whether the applicant is requesting a photocopy of the information or to examine the information. Form of written communication (2) The bylaw shall provide that the requirement in subsection (1) for an application to be in writing may be satisfied by an application in electronic format where the Coordinator consents to receiving the application by electronic means. Subsequent communications, electronic means (3) The bylaw shall provide that subsequent communications between an applicant and the Coordinator may be by electronic means where both the Coordinator and the applicant consent to communicate by that means. (EC696/19) 6. Entitlement to access (1) The bylaw shall provide that, subject to subsections (2) and (3), an applicant is entitled to access to information and the Coordinator shall provide access to information that was created or collected by the municipality which, at a minimum, includes access to the types of information referred to in subsection 147(1) of the Act. c t Current to: April 1, 2020 Page 7 Access to Information and Protection of Personal Information Section 7 Regulations Written application required (2) The bylaw shall provide that an application for access to information that contains personal information of another individual or information of a third party, or information not referred to in subsection 3(2), shall be made to the Coordinator in accordance with the requirements of section 5. Limited access (3) Where the information requested by an applicant under subsection (2) contains personal information of another individual or information of a third party, the applicant shall only be entitled to access to the information identified with respect to each of the following clauses of the Act: (a) clause 147(1)(a), the information contained in the assessment list as defined in clause 1(1)(c) of the Regulations under the Real Property Assessment Act R.S.P.E.I. 1988, Cap. R-4, or a portion of that list; (b) clause 147(1)(h), (i) the nature of the permit application, together with only the name and address of the applicant for the permit, and (ii) if the application was for a development permit, (A) any maps or site plans provided as part of the development application delineating the location of the proposed development, (B) a summary of the public notification process, (C) a summary of the responses received as a result of the public notification process, (D) staff reports in relation to the application, and (E) the minutes of Planning Board in relation to the application; (c) clause 147(1)(i), the name of the person to whom the approval has been granted and a general description of the approval; (d) clause 147(1)(j), the name of the recipient and the amount and purpose of the grant, contribution or donation to the recipient; (e) clause 147(1)(k), the name of the person to whom the contract has been awarded, the amount of the contract and a general description of the goods or services that are to be provided under the contract. (EC696/19) 7. Duties of Coordinator (1) The bylaw shall provide that where access to the record or information requested is authorized by the Act, the bylaw or any other Act, and the information is reasonably accessible to the municipality, the Coordinator shall, within 30 days of the application for access to information, (a) provide the applicant with a written estimate of any fees that may be charged for copies of the record or document containing the information; and (b) subject to subsection 10(6), allow the applicant access to the information. Notification by Coordinator (2) The bylaw shall provide that where, in the opinion of the Coordinator, the requested information cannot reasonably be accessed within 30 days of the date of receipt of the application, the Coordinator (a) shall inform the applicant, in writing, when the information will be accessible; and Page 8 Current to: April 1, 2020 t c Access to Information and Protection of Personal Information Regulations Section 8 (b) provide the applicant with a written estimate of any fees that will be charged for copies of the record or document containing the information. Notification of refusal (3) The bylaw shall provide that where the Coordinator refuses the application for access to information, the Coordinator shall provide the applicant with written notification of the reasons for the refusal and the provision of the Act or bylaw on which the refusal is based. (EC696/19) 8. Information not available The bylaw shall provide that no person, other than a member of council or staff of the municipality authorized by the chief administrative officer in the performance of the person’s duties, shall have the right to have access to information that is subject to solicitor-client privilege. (EC696/19) 9. Inspection of records or documents (1) The bylaw shall establish rules in relation to the inspection of records or documents that, at a minimum, include that the inspection of records or documents containing the information requested shall be made under the supervision of an employee of the municipality. Copies of records or documents (2) Subject to section 10, copies of records or documents shall be provided by the municipality to an applicant, on request by the applicant, as (a) a photocopy of the record or document; or (b) an electronic version of the record or document, if available. (EC696/19) 10. Fees (1) The bylaw may establish a schedule of fees setting out the amounts that the municipality may charge an applicant for the following services: (a) for a photocopy of a record or document referred to in subsection 3(2), an amount not to exceed 8 cents per page, where the request is made within 2 years from the date the information was made available for public inspection; (b) for all other records or documents to which a right of access to the information is established pursuant to subsection 147(1) of the Act, fees in accordance with subsection (5) for (i) locating, retrieving and producing the information, (ii) preparing the information for disclosure, (iii) supervising the examination of information; (c) for a record or document referred to in clause (b), providing photocopies of the record or the document containing the information at a rate not to exceed 8 cents per page. Fee for electronic versions (2) The bylaw may provide in the schedule of fees a fee for providing a record or document referred to in subsection (1) in an electronic format, if available. c t Current to: April 1, 2020 Page 9 Access to Information and Protection of Personal Information Section 11 Regulations Exception (3) Where the bylaw establishes a schedule of fees in accordance with subsection (1), the bylaw shall clearly provide that the fees do not apply to a request for the applicant’s own personal information, except for the cost of producing a photocopy, if requested. Request for waiver of fees (4) Where the bylaw establishes a schedule of fees in accordance with subsection (1), the bylaw may provide that (a) an applicant may, in writing, request that the Coordinator excuse the applicant from paying all or part of a fee for a specified service; and (b) the Coordinator may excuse an applicant from paying all or part of the fee for the specified service if, in the opinion of the Coordinator, (i) the applicant cannot afford to pay the fee or for any other reason it is appropriate to waive payment of the fee, or (ii) the record or document containing the information relates to a matter of public interest, including the environment or public health or safety. Maximum fees (5) Where the bylaw establishes fees in relation to the costs of services and materials referred to in subsection (1), the bylaw shall include that the total amount of the fees charged shall not exceed the actual cost to the municipality of the services and materials provided by the municipality. Advance payment, deposit (6) The bylaw may include provisions stating that either or both of the following apply: (a) all fees associated with the request for access to information shall be paid before the release of copies of the records or the documents containing the information; (b) a deposit of 50 per cent of the estimated fees shall be paid to the municipality before any search for the information requested shall be commenced. (EC696/19) PART II – PROTECTION OF PERSONAL INFORMATION 11. Authority to collect information The bylaw shall provide that no personal information may be collected by or for a municipality unless (a) the collection of that information is expressly authorized by or under an enactment of Prince Edward Island or Canada or a bylaw of the municipality; (b) the information relates directly to and is necessary for an operating program or activity of the municipality; or (c) the information is collected for the purposes of law enforcement. (EC696/19) 12. Manner of collection The bylaw shall provide that personal information shall be collected directly from the individual to whom it relates unless (a) the information may be disclosed to the municipality under the Freedom of Information and Protection of Privacy Act; Page 10 Current to: April 1, 2020 t c Access to Information and Protection of Personal Information Regulations Section 13 (b) another method of collection is authorized by that individual or by an enactment or bylaw referred to in clause 12(a); (c) the information is necessary (i) to determine the eligibility of an individual to participate in a program of or receive a benefit, product or service from the municipality and is collected in the course of processing an application made by or on behalf of the individual the information is about, or (ii) to verify the eligibility of an individual who is participating in a program of or receiving a benefit, product or service from the municipality and is collected for that purpose; (d) the information is collected for the purpose of collecting a fine or a debt owed to the municipality; (e) the information is collected for the purpose of managing or administering personnel of the municipality; (f) the information concerns an individual who is designated as a person to be contacted in an emergency, or other specified circumstances; (g) the information is collected for the purpose of determining suitability for an honour or award; or (h) the information is collected for the purpose of law enforcement. (EC696/19) 13. Right to be informed Where personal information is collected directly from an individual under section 11 or 12, the bylaw shall establish rules ensuring that the individual is informed of (a) the purpose for which the information is collected; (b) the specific legal authority for the collection; and (c) the contact information of an employee of the municipality who can answer the individual’s questions about the collection. (EC696/19) 14. Accuracy of personal information (1) Where an individual’s personal information will be used by a municipality, the bylaw shall establish rules which, at a minimum, require the municipality to (a) make every reasonable effort to ensure that the information is accurate and complete; and (b) retain the personal information in accordance with the records retention bylaw of the municipality. Reference to municipality (2) For greater certainty, a reference in this section and in sections 15, 18, 19, 20, 21 and 22 to the collection, use or disclosure of personal information by a municipality includes the collection, use or disclosure of the personal information by (a) an employee of the municipality; (b) a volunteer, including a volunteer firefighter; (c) a person appointed to conduct an inquiry under subsection 217(2) of the Act; (d) a supervisor appointed under subsection 219(2) of the Act; and (e) an official trustee appointed under subsection 220(1) of the Act. (EC696/19) c t Current to: April 1, 2020 Page 11 Access to Information and Protection of Personal Information Section 15 Regulations 15. Right to request a correction to personal information (1) The bylaw shall establish rules in relation to the correction of personal information collected by the municipality that, at a minimum, shall (a) allow an individual to request that the Coordinator correct personal information where the individual believes there is an error or omission in the individual’s personal information; and (b) prohibit the Coordinator from correcting or otherwise altering an opinion included in an individual’s personal information, including a professional or expert opinion. Written request (2) The bylaw shall establish rules in relation to a request for a correction to personal information, including that (a) a request for a correction to personal information shall be made in writing by the individual whose personal information it is, or by an authorized person on that individual’s behalf; and (b) the request for a correction to personal information shall provide sufficient detail to enable the Coordinator to identify the personal information that is the subject of the request. Form of written request (3) The bylaw shall provide that the requirement in subsection (2) for a request to be in writing may be satisfied by a request in electronic format where the Coordinator consents to receiving the request by electronic means. Subsequent communications, electronic means (4) The bylaw shall provide that subsequent communications between an individual making a request for correction and the Coordinator may be by electronic means where both the Coordinator and the individual consent to communicate by that means. Making correction to personal information (5) The bylaw shall provide that the Coordinator shall make the correction requested in accordance with the procedure specified in section 16 unless prohibited by law from doing so. (EC696/19) 16. Record of request to correct to personal information (1) The bylaw shall provide that where (a) a correction is made in response to a request under clause 15(1)(a), the Coordinator shall make a notation either on the record or document in question or attached to it that a correction has been requested and made; or (b) no correction is made in response to a request under clause 15(1)(a), or a correction is prohibited under clause 15(1)(b), the Coordinator shall make a notation that there was a request to make a correction to the individual’s personal information either on the record or document in question or attached to it. Notice to individual (2) The bylaw shall provide that within 60 days after the request under clause 15(1)(a) is received, the Coordinator shall give written notice to the individual that (a) the correction has been made under clause (1)(a); or (b) no correction has been made under clause (1)(b). Page 12 Current to: April 1, 2020 t c Access to Information and Protection of Personal Information Regulations Section 17 Notice to third party (3) The bylaw shall provide that the Coordinator shall notify any third party to whom personal information has been disclosed within the preceding year that a request to correct that personal information has been made and the decision that was made in response to the request. Exception (4) Notwithstanding subsection (3), the coordinator may dispense with notifying a third party as required in that subsection if (a) in the opinion of the Coordinator, the request to correct the personal information and the decision that was made is not material; and (b) the individual who requested the correction is advised and agrees in writing that notification is not necessary. Transfer of request (5) The bylaw shall provide that where the personal information that is the subject of a request for correction was collected by another party or another party created the record or document containing the personal information, the Coordinator may, within 30 days from receiving the request to correct the personal information under section 15, transfer the request to that party. Notice of transfer (6) The bylaw shall provide that where a request is transferred under subsection (5), the Coordinator shall notify the individual of the transfer as soon as possible. (EC696/19) 17. Security of personal information The bylaw shall establish rules in relation to the protection of personal information that, at a minimum, require the chief administrative officer to ensure that personal information is protected by making reasonable security arrangements to prevent unauthorized access, collection, use, disclosure, disposal or destruction. (EC696/19) 18. Use of personal information by municipality (1) The bylaw shall, in order to ensure that personal information is protected, establish rules in relation to the use of personal information which, at a minimum, include that a municipality may use personal information only (a) for the purpose for which the information was collected or compiled or for a use consistent with that purpose; (b) if the individual to whom the information pertains has identified the information and consented, in writing, to the use; or (c) for a purpose for which that information may be disclosed by the municipality under sections 19 and 20. Extent of use (2) The bylaw shall provide that the municipality may use personal information only to the extent necessary to enable the municipality to carry out its purpose in a reasonable manner. (EC696/19) c t Current to: April 1, 2020 Page 13 Access to Information and Protection of Personal Information Section 19 Regulations 19. Disclosure of personal information by municipality (1) The bylaw shall establish rules in relation to the disclosure of personal information which, at a minimum, include that a municipality may disclose personal information only (a) for the purpose of complying with the Act or the bylaw; (b) for the purpose of complying with an enactment of Prince Edward Island or Canada; (c) for the purpose for which the information was collected or compiled or for a use consistent with that purpose; (d) if the individual the information is about has identified the information and consented, in writing, to the disclosure; (e) for determining an individual’s suitability or eligibility for a program or benefit, including determining if an individual remains eligible or suitable for a program or benefit that individual is already participating in; (f) if the information is necessary for the delivery of a program or service of the municipality; (g) for the purpose of managing or administering personnel of the municipality or to a representative of a bargaining agent who has been authorized, in writing, by the employee to whom the information pertains to make an inquiry; or (h) to a law enforcement agency in Canada to assist in an investigation (i) undertaken with a view to a law enforcement proceeding, or (ii) from which a law enforcement proceeding is likely to result. Permitted disclosure (2) The bylaw shall provide that a municipality may disclose personal information about an individual (a) when the information is available to the public; (b) if the information is of a type that is routinely disclosed in a business or professional context and the disclosure is (i) limited to the individual’s name and business contact information, including business title, address, telephone number, facsimile number and email address, and (ii) does not reveal other personal information about the individual or personal information about another individual; or (c) if the Chief Administrative Officer believes, on reasonable grounds, that the disclosure will avert or minimize an imminent danger to the health or safety of any person. (EC696/19) 20. Use or disclosure consistent with purpose For the purposes of clauses 18(1)(a) and 19(1)(c), a use or disclosure of personal information is consistent with the purpose for which the personal information was collected or compiled if the use or disclosure (a) has a reasonable and direct connection to that purpose; and (b) is necessary for performing the statutory duties of, or for operating an authorized program of, the municipality that uses or discloses the personal information. (EC696/19) Page 14 Current to: April 1, 2020 t c Access to Information and Protection of Personal Information Regulations Section 21 21. Disclosure for research or statistical purposes The bylaw shall establish rules in relation to the protection of personal information that, at a minimum, include that (a) a municipality may disclose personal information in an individually identifiable form for a research purpose, including statistical research, only if (i) the research purpose cannot reasonably be accomplished unless that information is provided in individually identifiable form, (ii) the provision of information is not harmful to the individual the information is about and the benefits to be derived from the provision of information are clearly in the public interest, (iii) the chief administrative officer has approved conditions relating to the following: (A) security and confidentiality, (B) the removal or destruction of individual identifiers at the earliest reasonable time, and (C) the prohibition of any subsequent use or disclosure of the information in individually identifiable form without the express authorization of the council; and (b) the person to whom the information is disclosed has signed an agreement to comply with the approved conditions, the Act, the bylaw and any other bylaws, policies and procedures of the municipality relating to the confidentiality of personal information. (EC696/19) 22. Disclosure of personal information to applicant The bylaw shall provide that the only personal information that a municipality shall disclose to an applicant in relation to a third party is information authorized to be disclosed under the Act or the bylaw made in accordance with these regulations. (EC696/19) 23. Refuse to disclose information where threat to health or public safety The bylaw shall establish rules in relation to the disclosure of information, including personal information, which, at a minimum, include that the Coordinator may refuse to disclose to an applicant (a) information, including personal information about the applicant, if the disclosure could reasonably be expected to (i) threaten anyone else’s safety or mental or physical health, or (ii) interfere with public safety; (b) personal information about the applicant if, in the opinion of a physician, psychologist, psychiatrist or any other appropriate expert depending on the circumstances of the case, the disclosure could reasonably be expected to result in immediate and grave harm to the applicant’s health or safety; and (c) information in a record or document that reveals the identity of an individual who has provided information to the municipality in confidence about a threat to an individual’s safety or mental or physical health. (EC696/19) c t Current to: April 1, 2020 Page 15 Access to Information and Protection of Personal Information Section 24 Regulations 24. Complaint and review The bylaw shall provide that an individual who believes that the individual’s personal information has been collected, used or disclosed, or has not been corrected, in contravention of the Act or the bylaw may, in writing, file a complaint with the council of the municipality and request that a review of the matter be conducted. (EC696/19) 25. Response by council (1) The bylaw shall provide that on receiving a complaint and a request for a review of the matter referred to in section 24, the council of the municipality shall, by resolution and as soon as practicable, appoint an adjudicator as specified in subsection (2). Appointment of adjudicator (2) The bylaw shall provide that the adjudicator referred to in subsection (1) shall be an independent third party. Costs of investigation (3) The bylaw shall provide that all costs associated with the review of the complaint by the adjudicator, including the fees and expenses of the adjudicator, shall be the responsibility of the municipality. (EC696/19) 26. Adjudicator’s process (1) The bylaw shall provide the process to be followed by the adjudicator in reviewing the complaint, including authorizing the adjudicator to decide all questions of fact and law arising during the course of the review. Opportunity to make representations (2) The bylaw shall provide that the individual who requested the review and the municipality shall be given the opportunity to make representations to the adjudicator. Persons entitled to be present, etc. (3) The bylaw shall provide that no person other than the individual who requested the review and the municipality is entitled to be present during, to have access to or to comment on representations made to the adjudicator, except with the written consent of both parties. Method of making representation (4) The bylaw shall authorize the adjudicator to decide whether the representations may be made orally, in writing or both. Right to counsel (5) The bylaw shall provide that the individual who requested the review and the municipality may be represented by legal counsel or an agent. Time limit (6) The bylaw shall provide that the adjudicator’s review shall be completed within 90 days after the council of the municipality receives the request unless the adjudicator (a) notifies the individual who requested the review and the municipality that the adjudicator is extending that period; and (b) provides an anticipated date for the completion of the review. (EC696/19) Page 16 Current to: April 1, 2020 t c Access to Information and Protection of Personal Information Regulations Section 27 27. Decision of adjudicator (1) The bylaw shall provide that on completing a review under section 26, the adjudicator shall issue a decision, in writing, including reasons for the decision, ordering one or more of the following: (a) that the municipality not correct the personal information of the individual who requested the review; (b) that the municipality correct the personal information of the individual who requested the review; (c) that the municipality stop collecting, using or disclosing personal information in contravention of the Act or the bylaw; (d) that the chief administrative officer destroy personal information collected in contravention of the Act or the bylaw; (e) that the complaint be dismissed. Recommendation of adjudicator (2) The bylaw shall provide that, in addition to the order referred to in subsection (1), the adjudicator may make other recommendations that the adjudicator determines appropriate. Notice of decision (3) The bylaw shall require the adjudicator to provide a copy of the decision (a) to the person who requested the review; (b) to the chief administrative officer of the municipality concerned; and (c) to the council of the municipality concerned. (EC696/19) 28. Effect of decision The bylaw shall provide that (a) subject to clause (b), not later than 40 days after being given a copy of a decision of the adjudicator, the municipality shall comply with the decision; (b) the municipality shall not take any steps to comply with the decision of the adjudicator until the end of the period for bringing an application for judicial review of the decision under the Judicial Review Act R.S.P.E.I. Cap. J-3; and (c) if an application for judicial review is made before the end of the period referred to in clause (b), the decision of the adjudicator is stayed until the application is dealt with by the court. (EC696/19) 29. Informal resolution The bylaw shall provide that the adjudicator may, at any time during the review, attempt to informally resolve the complaint referred to in section 24. (EC696/19) 30. Commencement These regulations come into force on April 1, 2020. c t Current to: April 1, 2020 Page 17