City of Ottawa: Flag Protocol: procedures, legislative authority and expenditure
2 Sept 2026 · Municipal Freedom of Information and Protection of Privacy Act (Ontario)
2 Sept: the City refused to process the request; the $5 fee “cannot be waived”. Appeal to the Information and Privacy Commissioner 4 Sept.
MFIPPA request with fee waiver — Flag Protocol procedures, legislative authority and expenditure
Hello,
This is a request for general records under the Municipal Freedom of Information and Protection of Privacy Act, together with a request for a waiver of all fees under section 45(4).
WHY THIS REQUEST IS MADE
The Flag Protocol procedures published by the City at http://ottawa.ca record, under the heading "Legislative and Administrative Authorities", the entry "None".
The same procedures direct that the City will not fly the flag of a group or organization whose undertakings or philosophy "are contrary to City of Ottawa policies or by-laws, espouse hatred, violence, or racism, or are politically or religiously motivated or represent other individual conviction".
The published record shows the procedures were approved by the Chief Corporate Services Officer on 22 June 2006 and revised by the Executive Committee on 3 December 2014 and by the City Clerk on 9 October 2017 and 21 January 2020. The published record shows no by-law and no recorded vote of Council.
The City therefore operates a rule that places religiously motivated groups in the same list as hatred, violence and racism, applies that rule to municipal property maintained with municipal funds, and records no legislative authority for the rule at all.
DESCRIPTION OF RECORDS REQUESTED
1. The Flag Protocol procedures in force, together with every prior version since 1 January 2014, and every record showing the approval authority for each version, including the report to Committee or Council, the minutes, and any recorded vote.
2. Every record identifying the legislative authority for the Flag Protocol procedures, including any legal opinion, briefing note, or memorandum addressing whether the procedures require a by-law or a Council resolution.
3. Every request for a flag raising, banner display, or proclamation received by the Office of Protocol from 1 January 2020 to the date of this request, together with the decision on each request and the reasons given.
4. Every record in which a request was refused, in whole or in part, on the ground that the requesting group is "politically or religiously motivated" or represents "other individual conviction", together with the reasons and the deciding official.
5. Every legal opinion, briefing note, or memorandum addressing the application of the Ontario Human Rights Code to the Flag Protocol procedures, including any opinion prepared after the decision of the Human Rights Tribunal of Ontario in Borderland Pride v. Corporation of the Township of Emo, 2024 HRTO 1651.
6. Total expenditure on flag raisings, banners, decals, painted surfaces, lighting, crosswalk markings and associated ceremonies and promotional materials, for the calendar years 2023, 2024, 2025 and 2026 to date, broken down by budget line and by department, including staff time charged.
7. Every record setting out performance indicators, targets, measured outcomes or evaluation for the expenditures identified in item 6.
8. All correspondence between the Office of Protocol, the Office of the City Clerk and the Office of the Mayor concerning the Flag Protocol procedures from 1 January 2023 to the date of this request.
FEE WAIVER
A waiver of all fees, including the application fee, is requested under section 45(4) of the Act, which permits the waiver of all or any part of an amount required to be paid where it is fair and equitable to do so.
Financial hardship. The requester is an applicant for social assistance. The Social Benefits Tribunal issued an interim assistance order on 21 August 2026 in file 2608-06747 directing payment from 1 August 2026. The Director has not complied with that order and no payment has been made. The requester is without means to pay any fee. Documentation will be provided on request.
Public benefit. The records concern the legal authority for a municipal rule and the expenditure of public funds. Both are matters the public is entitled to examine, and neither is available elsewhere.
A decision on this waiver request is required in writing and separately from any decision on access. Refusal of the waiver, or the treatment of an unpaid application fee as a reason not to process this request, will be appealed to the Information and Privacy Commissioner of Ontario.
FORMAT
Electronic copies by email are requested.
Respectfully,
Danilo Dzyuban