Freedom of Information and Protection of Privacy Act General Regulations

t FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT GENERAL REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to June 20, 2026. 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 Freedom of Information and Protection of Privacy Act General INTERPRETATION Regulations Section 1 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT Chapter F-15.01 GENERAL REGULATIONS Pursuant to section 77 of the Freedom of Information and Protection of Privacy Act R.S.P.E.I. 1988, Cap. F-15.01, Council made the following regulations: INTERPRETATION 1. Act (1) In these regulations “Act” means the Freedom of Information and Protection of Privacy Act R.S.P.E.I. 1988, Cap. F-15.01. Department, branch or office of Government (1.1) For greater certainty, a department, branch or office of the Government of Prince Edward Island referred to in subclause 1(k)(i) of the Act includes those listed in Part 1 of Schedule 1. Local public body (1.2) For greater certainty, a local public body referred to in clause 1(e.1) of the Act includes those listed in Part 2 of Schedule 1. Designated public body (2) For the purpose of subclause 1(k)(ii) of the Act, an agency, board, commission, corporation, office or other body listed in Part 3 of Schedule 1 is designated as a public body. Designated subsidiaries (3) Any subsidiary of a public body listed in Part 3 of Schedule 1 is designated as a public body. (EC564/02; 786/13; 530/20) REQUESTS FOR ACCESS TO RECORDS 2. Making requests - offices, addresses and methods (1) Public bodies shall make public in a reasonable manner (a) the addresses of all offices authorized to receive requests made to the public body; and c t June 20, 2026 Page 3 DISCLOSURE OF PERSONAL INFORMATION Freedom of Information and Protection of Privacy Act General Section 3 Regulations (b) the various methods by which those offices can receive requests. Delivery during normal business hours (2) A request may be delivered to any office of the public body during normal business hours of that office, but the time limit for responding to the request does not commence until the request is received in an office authorized to receive requests. Transfer of request (3) When a request is received in an office not authorized to accept it, that office shall, as soon as possible, forward it to an authorized office. (EC564/02) 3. Responding to a request for examination Where a person has asked to examine a record and is given access to the record, the head of the public body may require that the person be given a copy of the record, rather than the opportunity to examine it, if the head is of the opinion that (a) providing for examination of the record would unreasonably interfere with the operations of the public body; or (b) providing examination of the record could reasonably be expected to result in the disclosure of information that is restricted or prohibited from disclosure under section 5 of the Act or Part 1, Division 2 of the Act. (EC564/02) 4. Oral requests An applicant may make an oral request for access to a record if (a) the applicant’s ability to read or write English or French is limited; or (b) the applicant has a physical disability or condition that impairs the applicant’s ability to make a written request. (EC564/02) DISCLOSURE OF PERSONAL INFORMATION 5. Disclosure of health care information (1) The head of a public body may disclose information relating to the mental or physical health of an individual to a medical or other expert for an opinion on whether disclosure of this information could reasonably be expected to result in grave and immediate harm to the individual’s safety or mental or physical health. Use (2) A medical or other expert to whom information is disclosed under subsection (1) shall not use the information except for the purposes described in that subsection. Confidentiality agreement (3) The head of the public body shall require a medical or other expert to whom information will be disclosed under this section to enter into an agreement relating to the confidentiality of the information. Return of a copy of a record (4) If a copy of a record containing information relating to the mental or physical health of an individual is given to a medical or other expert for examination, the medical or other expert Page 4 June 20, 2026 t c Freedom of Information and Protection of Privacy Act General FEES Regulations Section 6 shall, after giving the opinion referred to in subsection (1), return the copy of the record to the head of the public body or dispose of it in accordance with an agreement under subsection (3). Examination in person and with assistance (5) The head of the public body that has custody or control of the record may require that an applicant who makes a request for access to a record containing information relating to the applicant’s mental or physical health must examine the information in person, and may not examine the record until a medical or other expert or a member of the applicant’s family or some other person approved by the head of the public body is present to clarify the nature of the record and to assist the applicant in understanding the information in the record. (EC564/02) 6. Consent to the disclosure of personal information The consent of an individual to a public body’s using or disclosing any of the individual’s personal information under clauses 36(1)(b) or 37(1)(c) of the Act shall (a) be in writing; and (b) specify to whom the personal information may be disclosed and how the personal information may be used. (EC564/02) 7. Disclosure for audit purposes Personal information may be disclosed to persons who are employees of a public body, including a person retained under a contract to perform services for the public body, in order to carry out a financial or other formal and systematic examination or review of a program or activity or a portion of a program or activity that includes personal information about individuals, provided such examination or review is sanctioned by an enactment or public policy relating to the public body. (EC564/02) FEES 8. Fees Where an applicant is required to pay a fee for services, the fee is payable in accordance with sections 9, 10, 11, and 12. (EC564/02) 9. Fees for non-personal information (1) This section applies to a request for access to a record that is not a record of the personal information of the applicant. Initial fee (2) An applicant is required to pay an initial fee of $5. Payment of initial fee (3) Processing of a request will not commence until the initial fee has been paid. Schedule 2 fees (4) In addition to the initial fee, fees in accordance with Schedule 2 may be charged if the amount of time spent, as estimated by the public body to which the request has been made, exceeds three hours. c t June 20, 2026 Page 5 FEES Freedom of Information and Protection of Privacy Act General Section 10 Regulations Review time (5) A fee may not be charged for the time spent in reviewing a record. (EC564/02; 465/18) 10. Fees for personal information Where an applicant requests access to a record of the personal information of the applicant, only fees for copying in accordance with item 6 of Schedule 2 may be charged. (EC564/02) 11. Fee estimate (1) A fee estimate provided under subsection 76(3) of the Act shall be in writing and set out (a) the time and cost required (i) to search, locate and retrieve the record, (ii) to prepare the record for disclosure; (b) the cost of copying the record; (c) the cost of computer time involved in locating and copying a record or, if necessary, re-programming to create a new record; (d) the cost of supervising an applicant who wishes to examine the original record, when applicable; and (e) the cost of shipping the record or a copy of the record. Proposed agreement (2) In addition to the information set out in subsection (1), a fee estimate shall include a proposed agreement, consistent with section 12, for the payment of the fee by the applicant. Estimate of fee for personal information (3) A fee estimate for access to a record of the personal information of the applicant need only include the cost of copying the record. Time period to accept (4) After being given a fee estimate, an applicant has up to 20 days to indicate if the fee estimate is accepted or to modify the request to change the amount of fees assessed. (EC564/02) 12. Payment of estimated fee (1) Processing of a request ceases once a fee estimate has been given to an applicant and recommences immediately on the receipt of an agreement to pay the fee, and on the receipt of at least 50% of the estimated fee. Balance (2) The balance of any fee owing is payable at the time the information is delivered to the applicant. Refund (3) Fees, other than an initial fee, or any part of those fees, shall be refunded if the amount paid is higher than the actual fees required to be paid. (EC564/02) Page 6 June 20, 2026 t c Freedom of Information and Protection of Privacy Act General NOTICE OF DISCLOSURES Regulations Section 13 NOTICE OF DISCLOSURES 13. Notice of disclosure For the purposes of subsection 30(4) of the Act, the notice of disclosure shall be made in the form set out in Schedule 3. (EC564/02) PROVISIONS OF ENACTMENTS THAT PREVAIL 14. Provision of Acts The following provisions of Acts prevail despite the Freedom of Information and Protection of Privacy Act: (a) Oil and Natural Gas Act R.S.P.E.I. 1988, Cap. O-5, subsection 101(2); (b) Adoption Act R.S.P.E.I. 1988, Cap. A-4.1, sections 2, 7, 21, 39 and 47 to 54; (c) Adult Protection Act R.S.P.E.I. 1988, Cap. A-5, subsection 4(3) and section 30; (d) Change of Name Act R.S.P.E.I. 1988, Cap. C-3.1, sections 10 and 12; (e) revoked by EC658/25; (f) revoked by EC727/05; (g) Health Services Payment Act R.S.P.E.I. 1988, Cap. H-2, section 17; (h) Hospital and Diagnostic Services Insurance Act R.S.P.E.I. 1988, Cap. H-8, section 6; (i) revoked by EC465/18; (j) Vital Statistics Act R.S.P.E.I. 1988, Cap. V-4.1, all provisions; (k) revoked by EC465/18; (l) Financial Administration Act R.S.P.E.I. 1988, Cap. F-9, section 80. (EC598/04; 727/05; 786/13; 53/14; 465/18; 658/25) 15. Provisions of regulations The following provisions of regulations made under other Acts prevail despite the Freedom of Information and Protection of Privacy Act: (a) Oil and Natural Gas Act Oil and Gas Conservation Regulations (EC170/74), subsection 58(1); (b) Adoption Act Regulations (EC526/93), sections 44, 47 and 68; (c) Change of Name Act Regulations (EC942/23), section 3; (d) revoke by EC658/25. (EC598/04; 658/25) c t June 20, 2026 Page 7 Freedom of Information and Protection of Privacy Act General Regulations SCHEDULE 1 SCHEDULE 1 PUBLIC BODIES PART 1 – DEPARTMENTS, BRANCHES AND OFFICES OF GOVERNMENT 1. Department of Agriculture 2. Department of Economic Development, Trade and Artificial Intelligence 3. Department of Education and Early Years 4. Department of Land and Environment 5. Department of Finance and Affordability 6. Department of Fisheries, Rural Development and Tourism 7. Department of Health and Wellness 8. Department of Housing and Communities 9. Department of Justice and Public Safety 10. Department of Social Development and Seniors 11. Department of Transportation, Infrastructure and Energy 12. Department of Workforce and Advanced Learning 13. Intergovernmental and Public Affairs 14. Office of the Premier PART 2 – DESIGNATED LOCAL PUBLIC BODIES 15. City of Charlottetown 16. City of Summerside 17. Holland College, established under the Holland College Act 18. La Société Éducative de L’Île-du-Prince-Édouard Inc., a non-profit corporation established under the laws of the Province, operating under the trade name “Collège de l’Île” 19. Town of Cornwall 20. Town of Stratford 21. University of Prince Edward Island, established under the University Act PART 3 – DESIGNATED PUBLIC BODIES Agriculture 22. Agricultural Insurance Appeal Board (Agricultural Insurance Act) 23. Animal Welfare Appeal Board (Animal Welfare Act) 24. Farm Practices Review Board (Farm Practices Act) 25. Natural Products Appeals Tribunal (Natural Products Marketing Act) 26. Prince Edward Island Agricultural Insurance Corporation (Agricultural Insurance Act) 27. Prince Edward Island Grain Elevators Corporation (Grain Elevators Corporation Act) 28. Prince Edward Island Marketing Council (Natural Products Marketing Act) 29. Weed Control Advisory Committee (Weed Control Act) Economic Development, Trade and Artificial Intelligence 30. Acadian Purchase Trust (Acadian Purchase Trust Act) c t June 20, 2026 Page 9 Freedom of Information and Protection of Privacy Act General SCHEDULE 1 Regulations 31. Charlottetown Area Development Corporation 32. Fathers of Confederation Buildings Trust (Fathers of Confederation Buildings Act) 33. Finance PEI (Finance PEI Act) 34. Innovation PEI (Innovation PEI Act) 35. Island Investment Development Inc. (Island Investment Development Act) 36. Lucy Maud Montgomery Foundation (Lucy Maud Montgomery Foundation Act) 37. PEI Century Fund 2000 Inc. 38. Summerside Regional Development Corporation Education and Early Years 39. Early Learning and Child Care Board (Early Learning and Child Care Act) 40. Education Negotiating Agency (Education Act) 41. French Language School Board (La Commission scolaire de langue française) (Education Act) 42. Island Regulatory and Appeals Commission (Island Regulatory and Appeals Commission Act) 43. Public Records Committee (Archives and Records Act) 44. Public Schools Branch (Education Act) 45. Teacher Certification and Standards Board (Education Act) 46. Prince Edward Island Teachers’ Pension Commission (Teachers’ Pension Plan Act) Finance and Affordability 47. Classification Appeal Committee (Civil Service Act) 48. Maritime Provinces Harness Racing Commission (Maritime Provinces Harness Racing Commission Act) 49. Prince Edward Island Cannabis Management Corporation (Cannabis Management Corporation Act) 50. Prince Edward Island Liquor Control Commission (Liquor Control Act) 51. Prince Edward Island Lotteries Commission (Lotteries Commission Act) 52. Prince Edward Island Master Trust Investment Advisory Board 53. Prince Edward Island Public Sector Pension Commission (Public Sector Pension Plan Act) 54. Prince Edward Island Public Service Commission (Civil Service Act) 55. Prince Edward Island Self-Insurance and Risk Management Fund (Financial Administration Act) Fisheries, Rural Development and Tourism 56. Heritage Places Advisory Board (Heritage Places Protection Act) 57. Prince Edward Island Marine Science Organization 58. Prince Edward Island Museum and Heritage Foundation (Museum Act) 59. Prince Edward Island Sports Hall of Fame and Museum 60. Tourism PEI (Tourism PEI Act) Health and Wellness 61. Community Care Facilities and Nursing Homes Board (Community Care Facilities and Nursing Homes Act) 62. Financial Assistance Appeal Panel (Long-Term Care Subsidization Act) 63. Health PEI (Health Services Act) Page 10 June 20, 2026 t c Freedom of Information and Protection of Privacy Act General Regulations SCHEDULE 1 64. Health Services Payment Advisory Committee (Health Services Payment Act) 65. Physician Resource Planning Committee (Health Services Payment Act) 66. Mental Health Act Review Board (Mental Health Act) Housing and Communities 67. Prince Edward Island Housing Corporation (Housing Corporation Act) 68. Public housing authorities established under section 10 of the Housing Corporation Act, including: (a) Alberton Housing Authority (b) Charlottetown Area Housing Authority (c) Georgetown Housing Authority (d) Montague Housing Authority (e) Mount Stewart Housing Authority (f) O’Leary Housing Authority (g) Souris Housing Authority (h) Summerside Housing Authority (i) Tignish Housing Authority Justice and Public Safety 69. Court Transcribers Examining Board (Court Reporters Act) 70. Finance Committee (Judicature Act) 71. Judicial Remuneration Review Commission (Provincial Court Act) 72. Justice of the Peace Remuneration Review Commission (Justice of the Peace Act) 73. Office of the Police Commissioner (Police Act) 74. Office of the Chief Coroner (Coroners Act) 75. Prince Edward Island Human Rights Commission (Human Rights Act) 76. Review Board (section 672.38 of the Criminal Code) 77. Victim Services Advisory Committee (Victims of Crime Act) Land and Environment 78. Acadian and Francophone Community Advisory Board (French Language Services Act) 79. Boiler and Pressure Vessel Advisory Board (Building Codes Act) 80. Building Standards Council Appeal Board (Building Codes Act) 81. Board of Examiners (Power Engineers Act) 82. Environmental Advisory Council (Environmental Protection Act) 83. Forest Improvement Advisory Council (Forest Management Act) 84. Prince Edward Island Building Standards Council (Building Codes Act) 85. Public Forest Council (Public Forest Council Act) Social Development and Seniors 86. Advisory Committee (Child, Youth and Family Services Act) 87. Social Programs Appeal Board (Social Assistance Act) Transportation, Infrastructure and Energy c t June 20, 2026 Page 11 Freedom of Information and Protection of Privacy Act General SCHEDULE 1 Regulations 88. Prince Edward Island Energy Corporation (Energy Corporation Act) Workforce and Advanced Learning 89. Advisory Council on the Status of Women (Advisory Council on the Status of Women Act) 90. Conciliation Boards (Labour Act) 91. Employment Standards Board (Employment Standards Act) 92. Industrial Relations Council 93. Labour Relations Board (Labour Relations Act) 94. P.E.I. Student Financial Assistance Corporation (Student Financial Assistance Act) 95. Prince Edward Island Employment Development Agency (Employment Development Agency Act) 96. Provincial Apprenticeship Board (Apprenticeship and Trades Qualification Act) Other 97. AccessAbility Advisory Council 98. Electoral Boundaries Commission (Electoral Boundaries Act) 99. Environmental Industrial Services Inc. 100. F.T.C. Enterprises Limited 101. Island Waste Management Corporation (Environmental Protection Act) 102. Order of Prince Edward Island Advisory Council (Provincial Emblems and Honours Act) 103. PEI Infrastructure Inc. 104. Premier’s Action Committee on Family Violence Prevention 105. Prince Edward Island Seniors’ Secretariat 106. Workers Compensation Appeal Tribunal (Workers Compensation Act) 107. Workers Compensation Board of Prince Edward Island (Workers Compensation Act) (EC564/02; 581/03; 610/05; 734/08; 171/10; 786/13; 530/20; 658/25; 659/26) Page 12 June 20, 2026 t c Freedom of Information and Protection of Privacy Act General Regulations SCHEDULE 2 SCHEDULE 2 FEES The amounts of the fees set out in this Schedule are the maximum amounts that can be charged to applicants. All applicable taxes are payable in addition to the listed fees. 1. Locating and retrieving a record.................... $15.00 per half hour 2. Producing a record from an electronic record (a) Computer processing and related charges....................................................... Actual cost to public body (b) Computer Actual cost to public body programming........................ 3. Preparing and handling a record for disclosure................................................... $15.00 per half hour 4. Supervising the examination of a record ...... $15.00 per half hour 5. Shipping a record or a copy........................... Actual cost to public body 6. Copying a record: (a) paper copy (photocopy or computer printout)..................................... 8 cents per page (b) revoked by EC 465/18 ....................... (c) revoked by EC 465/18 ....................... (d) duplication of 16mm microfilm............ $29.95 per roll (e) duplication of 35mm microfilm............ $32.95 per roll (f) duplication microfilm to paper.............. 50 cents per exposure (g) photographs (color or black and white from negative) (i) 5” X 7”............................................. $9.00 per photograph (ii) 8” X 10”.......................................... $11.00 per photograph (iii) 11” X 14”....................................... $25.00 per photograph (iv) 16” X 20”....................................... $40.00 per photograph (v) 20” X 24”........................................ $100.00 per photograph (h) duplication of 35mm color slide........... $8.50 per slide (i) revoked by EC 465/18 ……………… (j) revoked by EC 465/18 ......................... (k) any other media not listed above.......... Actual cost to public body (EC564/02; 465/18) c t June 20, 2026 Page 13 Freedom of Information and Protection of Privacy Act General SCHEDULE 3 Regulations SCHEDULE 3 Notice of Disclosure of Information [Freedom of Information and Protection of Privacy Act, ss.30(4)] __________________________________________________________ [name of public body] has disclosed information that relates to you in compliance with the requirements of section 30 of the Freedom of Information and Protection of Privacy Act. This Act requires a public body to disclose to the public, to an affected group of people, to any person or to an applicant (a) information about a risk of significant harm to the environment or to the health or safety of the public, of the affected group of people, of the person or of the applicant; or (b) information the disclosure of which is, for any other reason, clearly in the public interest. The information disclosed is: [Explain the information and provide a copy of the record, if the record exists; explain why section 30 of the Act applies.] _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ This decision was made by: ____________________________________ [name, job title] Signed: ___________________________ ___________________________ [date] (EC564/02) Page 14 June 20, 2026 t c