File an FOI Request
Under the Municipal Freedom of Information and Protection of Privacy Act form individuals can request access to any record held by government institutions, including Hamilton Police Service.
The purpose of the Act is as follows:
1) To provide a right of access to information under the control of government organizations in accordance with the following principles:
- information should be available to the public
- exemptions to the right of access should be limited and specific;
- decisions on the disclosure of government information may be reviewed by the Information and Privacy Commissioner.
2) To protect personal information held by government organizations and to provide individuals with a right of access to their own personal information.
Under the Municipal Freedom of Information and Protection of Privacy Act, Freedom of Information ensures all federal and provincial laws are upheld when information is provided to members of the public.
The Act also allows individuals to make privacy complaints if they believe a member of a police service has violated their privacy rights.
Reports will only be released to the following:
- The person or company directly involved
- The law firm whose client is directly involved
- The insurance company whose insured is directly involved
Frequently Asked Questions
How much does a request cost?
There is a mandatory $5.00* application fee that must be paid when submitting an Access Request. Additional fees may be charged under section 45 of the Municipal Freedom of Information and Privacy Protection Act for photocopying and severing the records.
*The $5.00 application fee cannot be waived and is non-refundable.
What type of payment is accepted for the application fee and who is it made payable to?
We accept certified cheques and money orders made payable to the Hamilton Police Service. If submitting your request in person, you may also pay by cash, Debit, Visa or Mastercard.
Cheques and money orders can be mailed to:
Hamilton Police Service
155 King William St
Hamilton, ON L8R 1A7
Att: Freedom of Information
How long will my request take to complete?
Under MFIPPA, we are required to respond to your request within 30 calendar days. We may extend that time if the request is particularly complex or involves a large number of records. Requesters will be advised of a time extension. The Freedom of Information receives a significant number of requests daily and we endeavour to complete them as expeditiously as possible. Your patience is appreciated.
Is there any way to expedite my request?
Unfortunately, there is no way to expedite a request. We can make a note on your file that the records are needed urgently, however there is no guarantee a response will be made before the 30 day time frame.
Important Note
Failing to detail exactly what you are requesting, or failing to include the required application fee or authorization/consent form will delay your request.
Records may not be released if the investigation is open, ongoing or before the courts.
Will I get everything I requested?
MFIPPA contains a number of prohibitions which direct the police to withhold records containing certain types of information. Thus, you may be denied a copy of the requested record or portions of the record may be severed based on the applicable sections of MFIPPA.
Police are required, for example, to deny access to the following information:
- Information relating to another individual’s personal information;
- Information provided to the police in confidence unless written consent has been given by the individual who initially provided that information;
- Records relating to ongoing law enforcement investigations;
- Records protected by solicitor-client privilege; and
- Police information on incident type codes and zones.
Will you send me the records electronically?
Yes, once your records are ready, pending any other fees owing, we will email your records through a secure password protected link
Should a law firm or insurance company complete the request form?
It is suggested an agent, such as a law firm or insurance company, submits a letter detailing complete incident details, client names and provide the accompanying authorizations.
What types of records can be requested?
The following is an example of the records that can be requested
- Reports
- Officer Notes
- Witness Statements
- 911 Calls
- Photos
- Motor Vehicle Collision Reports & Statements (see Obtaining a Motor Vehicle Collision report)
- Statistics
How to make a FOI request to access records
Requests must be made in writing by completing the Correction Request form accompanied by a $5 legislated application fee in person or by mailing it to:
Hamilton Police Service
155 King William St
Hamilton, ON L8R 1A7
Att: Freedom of Information
Along with the access form, please include a cheque or money order payable to Hamilton Police Service. Applicants must also include a photocopy of two pieces of government-issued identification (one must contain a photo) with your request.
Under the Municipal Freedom of Information and Protection of Privacy Act, the Freedom of Information Unit has 30 days to respond to your request.
Requests will not be fulfilled by email, fax or online (coming soon)
Please note that records cannot be released if the matter is currently before the courts or the 30-day appeal period has not passed, if applicable. This includes outstanding arrest warrants.
Law firms/insurance companies
A written request letter must be submitted via mail, along with your client’s signed consent or the HPS Request/Consent Direction form providing sufficient information concerning the report including:
- Client's information
- General occurrence number (if available)
- Date and location of incident
- Reporting officer's name and badge number (if available)
The request must also include a valid email address and the appropriate fees, paid in full. Cheques are payable to “Hamilton Police Service" and should be mailed to:
Hamilton Police Service
155 King William St
Hamilton, ON L8R 1A7
Att: Freedom of Information
Records related to a Motor Vehicle Collision
The Freedom of Information office is responsible for the release of officer’s notes, unless the MVC is deemed a serious or a fatal collision. A $5 application applies.
Copies of collision reports and driver/witness statements are provided through the traffic office in accordance with a fee schedule. As of January 1, 2022, the current costs are as follows:
- Motor Vehicle Collision (MVC) Report $50.00 + HST = $56.50
- Self-Reporting Collision (SRC) Report $50.00 + HST = $56.50
- Driver/Witness Statements $50.00 + HST = $56.50
- Officer’s Notes in relation to MVC $ 5.00 – Freedom of Information fee
If you have any questions, please contact the Motor Vehicle Collision Clerk at (905) 546-4987.
Please note that records cannot be released if the matter is currently before the courts or the 30-day appeal period has not passed, if applicable.
Are there additional fees?
A request for personal information may be subject to $0.20 cents per page photocopying charges, above the initial $5 application fee.
A request for general information may be subject to a search time charge of $30 per hour, a preparation time charge of $30 per hour and $0.20 cents per page photocopying charges. Hamilton Police have set fees for records, including video and audio statements, 9-1-1 calls and photographs.
Applicants will be advised of any additional fees that may apply to a Freedom of Information request.
How do I correct personal information?
Individuals can correct personal information or attach a statement of disagreement to a record held by the police. Should you wish to exercise this right, either fill out the or send a letter indicating your request for correction.
If you would like the spelling of your name or date of birth corrected, you must submit proper government documentation to prove the error.
You may disagree with an officer’s opinion or statement within an incident report. This information will not be corrected or deleted. However, you may attach a statement of disagreement to the police occurrence report or officer’s notebook entry.
How do I appeal a decision?
An individual may appeal any decision made by the Service within 30 calendar days of receiving the decision.
Appeals should be directed to:
Information and Privacy Commissioner
Attention: Intake Analyst
Suite 1700 -- 80 Bloor Street West
Toronto, ON M5S 2V1
Phone: (416) 326-3333/(800) 387-0073
Fax: (416) 325-9195
Website: www.ipc.on.ca Visit the IPC website
Young Person Records
Police records relating to "Young Persons" are governed by the Youth Criminal Justice Act (YCJA). Release of records in which a young person has been dealt with under the YCJA is prohibited through a freedom of information request under MFIPPA. The YCJA does allow discretionary exemptions to this prohibition in specific circumstances, or where ordered released under a Youth Justice Court Order.
How to Contact Us
Looking to make a Freedom of Information request? Feel free to contact us at 905-546-4727 or [email protected]
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