What is the process for requesting a correction?

If a student, their parent or guardian believes that information in a record is factually inaccurate and wants to request a correction, the first step should be to determine whether to make a request under MFIPPA or the Education Act. Either or both routes may be used, as follows:

Education Act

MFIPPA

A student, or their parent or guardian if the student is under 18, can request a correction of the OSR if they believe information in the record was inaccurately recorded or is not “conducive to the improvement of the instruction of the student”.

The requester may ask the principal to correct the alleged inaccuracy or remove it from the OSR.

A student, or their parent or guardian if the student is under 16, can request correction of a record of the student’s personal information in the OSR or non-OSR records if they believe it contains an error or omission.

This right only applies if the individual has first been given access to the record under MFIPPA.

The request must be made in writing to the principal, referencing the Education Act.

The request must be made in writing to the Freedom of Information Coordinator at the school board, referencing MFIPPA.

No fee is required.

A $5 fee is required.

The requester should identify the inaccurate or omitted information and the desired correction. If appropriate, supporting documentation should be included.

The requester should identify the inaccurate or omitted information and the desired correction. The IPC has a form that may be used for this purpose. Any supporting documentation should be included.

No timelines for correction requests are established by the Education Act or OSR Guideline.

A school board should respond in writing to the request for correction within 30 days of receiving it.

If the principal complies, the materials will be corrected or removed from the OSR and destroyed or returned to the student. No record of the request will be retained in the OSR.85

If the school board complies, the information will be corrected or removed from the record, and the requester will be notified. The requester can have the school board notify anyone they have shared the information with in the preceding year.86

If the principal refuses to comply with the request, the student, their parent or guardian may, in writing, require the principal to refer the request to a supervisory officer.87  The supervisory officer will either require the principal to comply with the request or submit the request to a designate of the Ministry of Education for a hearing.88

If the school board refuses to comply, the requester may have a statement of disagreement attached to the information believed to be inaccurate or incomplete.89

At the hearing, the ministry (or designate) will decide the matter. The decision is then final.90

The requester may appeal the school board’s decision (or a lack of response) to the IPC.91

 


85. OSR Guideline, 2000, Section 9
86. MFIPPA, s. 36(2)(c)
87. Education Act, s. 266(5)
88. Education Act, s. 266(5.1)
89. MFIPPA, s. 36(2)(b)
90. Education Act,s. 266(5.2-5.3)
91. MFIPPA, s. 39