Freedom of Information and Protection of Privacy Act

1 The purposes of this Act are, (a) to provide a right of access to information under the control of institutions in accordance with the principles that, (i) information should be available to the public, (ii) necessary exemptions from the right of access should be limited and specific, and (iii) decisions on the disclosure of government information should be reviewed independently of government; and (b) to protect the privacy of individuals with respect to personal information about themselves held by institutions and to provide individuals with a right of access to that information. R.S.O. 1990, c. F.31, s. 1.

1.1 (1) This Act applies to the Assembly, but only in respect of records of reviewable expenses of the Opposition leaders and the persons employed in their offices and in respect of the personal information contained in those records. 2002, c. 34, Sched. B, s. 2. Same (2) Sections 11, 31, 32, 33, 34, 36, 44, 45 and 46 do not apply with respect to the Assembly. 2002, c. 34, Sched. B, s. 2. Note: On July 1, 2026, subsection 1.1 (2) of the Act is amended by striking out “36, 44, 45 and 46” and substituting “and 36”. (See: 2026, c. 2, Sched. 7, s. 1) Definitions (3) In this section, “Opposition leader” has the same meaning as in section 1 of the Cabinet Ministers’ and Opposition Leaders’ Expenses Review and Accountability Act, 2002; (“chef d’un parti de l’opposition”) “reviewable expense” means a reviewable expense as described in section 3 of the Cabinet Ministers’ and Opposition Leaders’ E…

2 (1) In this Act, “close relative” means a parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew or niece, including by adoption; (“proche parent”) “ecclesiastical records” means the operational, administrative and theological records, including records relating to the practice of faith, of a church or other religious organization; (“documents ecclésiastiques”) “educational institution” means an institution that is a college of applied arts and technology or a university; (“établissement d’enseignement”) “head”, in respect of an institution, means, (0.a) in the case of the Assembly, the Speaker, (a) in the case of a ministry, the minister of the Crown who presides over the ministry, (a.1) in the case of a public hospital, the chair of the board of the hospital, (a.2) in the case of a private hospital, the superintendent, (a.3) in the case of the University of Otta…

PART I ADMINISTRATION

3 The Lieutenant Governor in Council may by order designate a minister of the Crown to be the responsible minister for the purposes of this Act. R.S.O. 1990, c. F.31, s. 3.

4 (1) There shall be an Information and Privacy Commissioner who is an officer of the Assembly. 2018, c. 17, Sched. 19, s. 2. Appointment (2) The Assembly shall, by order, appoint the Information and Privacy Commissioner. 2018, c. 17, Sched. 19, s. 2. Selection by panel (3) Unless decided otherwise by unanimous consent of the Assembly, an order shall be made under subsection (2) only if the person to be appointed has been selected by unanimous agreement of a panel composed of one member of the Assembly from each recognized party, chaired by the Speaker who is a non-voting member. 2018, c. 17, Sched. 19, s. 2. Powers and duties (3.1) The Commissioner may exercise the powers and shall perform the duties prescribed by this or any other Act. 2018, c. 17, Sched. 19, s. 2. Assistant Commissioners (4) From the officers of the Commissioner’s staff, the Commissioner shall appoint one or two Assis…

5 (1) The Commissioner shall hold office for a term of five years and may be reappointed for one further term of five years. 2018, c. 17, Sched. 19, s. 3. Selection by panel (2) Subsection 4 (3) applies with respect to a reappointment under subsection (1) of this section. 2018, c. 17, Sched. 19, s. 3. Continuation in office (3) By order of the Assembly, the Commissioner may continue to hold office after expiry of his or her term of office until a temporary Commissioner is appointed under section 7.2 or until a successor is appointed. 2018, c. 17, Sched. 19, s. 3. Transition (4) The Commissioner in office immediately before the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent is deemed to be in the first term of his or her appointment and shall continue to hold office for the remainder of the term. 2018, c. 17, Sched. 19, s. 3. Section Amendments wi…

6 (1) The Assembly may, by order passed by a vote of at least two thirds of the members of the Assembly, remove or suspend the Commissioner from office for cause. 2018, c. 17, Sched. 19, s. 3. Suspension if Assembly not in session (2) If the Assembly is not in session, the Board of Internal Economy may on unanimous agreement suspend the Commissioner for cause. 2018, c. 17, Sched. 19, s. 3. Duration of suspension (3) A suspension under subsection (1) continues until revoked by order of the Assembly or until the Commissioner is removed from office pursuant to subsection (1). 2018, c. 17, Sched. 19, s. 3. Same (4) Unless the Board of Internal Economy revokes the suspension before the next sitting of the Assembly, a suspension under subsection (2) continues until revoked by order of the Assembly or until the Commissioner is removed from office pursuant to subsection (1). 2018, c. 17, Sched. …

7 (1) The Board of Internal Economy shall determine the salary and benefits of the Commissioner. 2018, c. 17, Sched. 19, s. 3. Pension plan (2) Subject to subsections (3) and (4), the Commissioner is a member of the Public Service Pension Plan. 2018, c. 17, Sched. 19, s. 3. Notice re pension plan (3) Within 60 days after his or her appointment takes effect, the Commissioner may notify the Speaker in writing that he or she elects not to be a member of the Public Service Pension Plan. 2018, c. 17, Sched. 19, s. 3. Same (4) If the Commissioner gives notice of their election to the Speaker in accordance with subsection (3), the election is irrevocable and is deemed to have taken effect when the appointment took effect. 2018, c. 17, Sched. 19, s. 3. Expenses (5) Subject to the approval of the Board of Internal Economy, the Commissioner is entitled to be reimbursed for reasonable expenses that…

7.1 (1) The Commissioner shall designate an individual from among the employees of the office of the Commissioner who shall have the powers and duties of the Commissioner if the Commissioner is absent or unable to fulfil the duties of his or her office or if the office becomes vacant. 2018, c. 17, Sched. 19, s. 3. Designation in writing (2) A designation under subsection (1) shall be in writing to the Speaker. 2018, c. 17, Sched. 19, s. 3. Powers and duties (3) The individual designated under subsection (1) shall have the powers and duties of the Commissioner unless a temporary Commissioner is appointed under section 7.2. 2018, c. 17, Sched. 19, s. 3. Salary (4) The Board of Internal Economy may increase the salary of an individual who assumes the powers and duties of the Commissioner under subsection (1) in such circumstances as the Board considers appropriate. 2018, c. 17, Sched. 19, s…

7.2 (1) If the Commissioner is unable to fulfil the duties of his or her office or the office becomes vacant, the Assembly may, by order, appoint a temporary Commissioner. 2018, c. 17, Sched. 19, s. 3. Same, conditions (2) An order shall be made under subsection (1) only if, (a) the Commissioner, (i) has not made a designation under subsection 7.1 (1), or (ii) has made a designation under subsection 7.1 (1), but, (A) the Commissioner has been removed or suspended under section 6, or (B) the person designated is unable or unwilling to act or has been removed or suspended under section 6; and (b) unless decided otherwise by unanimous consent of the Assembly, the person to be appointed has been selected by unanimous agreement of a panel composed of one member of the Assembly from each recognized party, chaired by the Speaker who is a non-voting member. 2018, c. 17, Sched. 19, s. 3. Appointm…

7.3 A person who continues his or her first term as Commissioner under subsection 5 (3) or who is appointed as an Assistant Commissioner or temporary Commissioner is not prohibited from a subsequent appointment as Commissioner under section 4 and, in the case of such an appointment, the previous time in office does not count toward the term of office set out in subsection 5 (1). 2018, c. 17, Sched. 19, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 19, s. 3 - 06/12/2018

7.4 (1) The Commissioner shall not be a member of the Assembly and shall not, without prior approval by the Assembly, or by the Board of Internal Economy when the Assembly is not in session, hold any other office or employment. 2018, c. 17, Sched. 19, s. 3. Exception (2) Despite subsection (1), the Commissioner may hold more than one office to which he or she has been appointed by the Assembly or the Board of Internal Economy. 2018, c. 17, Sched. 19, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 19, s. 3 - 06/12/2018

7.5 (1) Before beginning the duties of his or her office, the Commissioner shall take an oath or affirmation that he or she will faithfully and impartially exercise the functions of the office. 2018, c. 17, Sched. 19, s. 3. Same (2) The Speaker or the Clerk of the Assembly shall administer the oath or affirmation. 2018, c. 17, Sched. 19, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 19, s. 3 - 06/12/2018

7.6 (1) The Commissioner holds office for a fixed term. 2018, c. 17, Sched. 19, s. 3. Notice not required (2) No notice to the Commissioner is required before the expiry of the Commissioner’s term of office. 2018, c. 17, Sched. 19, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 19, s. 3 - 06/12/2018

7.7 (1) No cause of action arises, no proceeding may be brought and no remedy is available or damages, costs or compensation payable in connection with any amendment made by Schedule 19 to the Restoring Trust, Transparency and Accountability Act, 2018 to this Act or anything done or not done in accordance with those amendments. 2018, c. 17, Sched. 19, s. 3. Same (2) Subsection (1) applies whether the cause of action on which a proceeding is based arose before or after the day that subsection comes into force. 2018, c. 17, Sched. 19, s. 3. Proceedings set aside (3) Any proceeding referred to in subsection (1) commenced before the day that subsection comes into force is deemed to have been dismissed, without costs, on that day. 2018, c. 17, Sched. 19, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 19, s. 3 - 06/12/2018

8 (1) Subject to the approval of the Board of Internal Economy, the Commissioner may employ mediators and any other officers and employees the Commissioner considers necessary for the efficient operation of the office and may determine their salary and remuneration and terms and conditions of employment. R.S.O. 1990, c. F.31, s. 8 (1); 2018, c. 17, Sched. 19, s. 4. Benefits (2) The benefits determined under Part III of the Public Service of Ontario Act, 2006 with respect to the following matters for public servants employed under that Part to work in a ministry, other than in a minister’s office, who are not within a bargaining unit apply to the employees of the office of the Commissioner: 1. Cumulative vacation and sick leave credits for regular attendance and payments in respect of such credits. 2. Plans for group life insurance, medical-surgical insurance or long-term income protectio…

9 (1) The Commissioner may lease any premises and acquire any equipment and supplies necessary for the efficient operation of the office of the Commissioner. R.S.O. 1990, c. F.31, s. 9 (1). Audit (2) The accounts and financial transactions of the office of the Commissioner shall be audited annually by the Auditor General. R.S.O. 1990, c. F.31, s. 9 (2); 2004, c. 17, s. 32. Section Amendments with date in force (d/m/y) 2004, c. 17, s. 32 - 30/11/2004

PART II FREEDOM OF INFORMATION

Access to Records

10 (1) Subject to subsections (1.1) and 69 (2), every person has a right of access to a record or a part of a record in the custody or under the control of an institution unless, (a) the record or the part of the record falls within one of the exemptions under sections 12 to 22; or (b) the head is of the opinion on reasonable grounds that the request for access is frivolous or vexatious. 1996, c. 1, Sched. K, s. 1; 2010, c. 25, s. 24 (6); 2019, c. 7, Sched. 31, s. 1 (1). Part III.1 records (1.1) Subsection (1) does not apply to personal information collected under Part III.1 (Data Integration) or to records produced from that information under that Part that are not de-identified. 2019, c. 7, Sched. 31, s. 1 (2). Severability of record (2) If an institution receives a request for access to a record that contains information that falls within one of the exemptions under sections 12 to 22 …

10.1 Every head of an institution shall ensure that reasonable measures respecting the records in the custody or under the control of the institution are developed, documented and put into place to preserve the records in accordance with any recordkeeping or records retention requirements, rules or policies, whether established under an Act or otherwise, that apply to the institution. 2014, c. 13, Sched. 6, s. 1. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 6, s. 1 - 1/01/2016

11 (1) Despite any other provision of this Act, a head shall, as soon as practicable, disclose any record to the public or persons affected if the head has reasonable and probable grounds to believe that it is in the public interest to do so and that the record reveals a grave environmental, health or safety hazard to the public. R.S.O. 1990, c. F.31, s. 11 (1). Notice (2) Before disclosing a record under subsection (1), the head shall cause notice to be given to any person to whom the information in the record relates, if it is practicable to do so. R.S.O. 1990, c. F.31, s. 11 (2). Contents of notice (3) The notice shall contain, (a) a statement that the head intends to release a record or a part of a record that may affect the interests of the person; (b) a description of the contents of the record or part that relate to the person; and (c) a statement that if the person makes represen…

Exemptions

12 (1) A head shall refuse to disclose a record where the disclosure would reveal the substance of deliberations of the Executive Council or its committees, including, (a) an agenda, minute or other record of the deliberations or decisions of the Executive Council or its committees; (b) a record containing policy options or recommendations submitted, or prepared for submission, to the Executive Council or its committees; (c) a record that does not contain policy options or recommendations referred to in clause (b) and that does contain background explanations or analyses of problems submitted, or prepared for submission, to the Executive Council or its committees for their consideration in making decisions, before those decisions are made and implemented; (d) a record used for or reflecting consultation among ministers of the Crown on matters relating to the making of government decision…

13 (1) A head may refuse to disclose a record where the disclosure would reveal advice or recommendations of a public servant, any other person employed in the service of an institution or a consultant retained by an institution. R.S.O. 1990, c. F.31, s. 13 (1). Exception (2) Despite subsection (1), a head shall not refuse under subsection (1) to disclose a record that contains, (a) factual material; (b) a statistical survey; (c) a report by a valuator, whether or not the valuator is an officer of the institution; (d) an environmental impact statement or similar record; (e) a report of a test carried out on a product for the purpose of government equipment testing or a consumer test report; (f) a report or study on the performance or efficiency of an institution, whether the report or study is of a general nature or is in respect of a particular program or policy; (g) a feasibility study…

14 (1) A head may refuse to disclose a record where the disclosure could reasonably be expected to, (a) interfere with a law enforcement matter; (b) interfere with an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result; (c) reveal investigative techniques and procedures currently in use or likely to be used in law enforcement; (d) disclose the identity of a confidential source of information in respect of a law enforcement matter, or disclose information furnished only by the confidential source; (e) endanger the life or physical safety of a law enforcement officer or any other person; (f) deprive a person of the right to a fair trial or impartial adjudication; (g) interfere with the gathering of or reveal law enforcement intelligence information respecting organizations or persons; (h) reveal a record which …

14.1 A head may refuse to disclose a record and may refuse to confirm or deny the existence of a record if disclosure of the record could reasonably be expected to interfere with the ability of the Attorney General to determine whether a proceeding should be commenced under the Civil Remedies Act, 2001, conduct a proceeding under that Act or enforce an order made under that Act. 2001, c. 28, s. 22 (1); 2002, c. 18, Sched. K, s. 2; 2007, c. 13, s. 43 (1). Section Amendments with date in force (d/m/y) 2001, c. 28, s. 22 (1) - 12/04/2002 2002, c. 18, Sched. K, s. 2 - 26/11/2002 2007, c. 13, s. 43 (1) - 4/06/2007 Prohibiting Profiting from Recounting Crimes Act, 2002

14.2 A head may refuse to disclose a record and may refuse to confirm or deny the existence of a record if disclosure of the record could reasonably be expected to interfere with the ability of the Attorney General to determine whether a proceeding should be commenced under the Prohibiting Profiting from Recounting Crimes Act, 2002, conduct a proceeding under that Act or enforce an order made under that Act. 2002, c. 2, ss. 15 (1), 19 (4); 2002, c. 18, Sched. K, s. 3. Section Amendments with date in force (d/m/y) 2002, c. 2, s. 15 (1) - 1/07/2003; 2002, c. 18, Sched. K, s. 3 - 26/11/2002

15 A head may refuse to disclose a record where the disclosure could reasonably be expected to, (a) prejudice the conduct of intergovernmental relations by the Government of Ontario or an institution; (b) reveal information received in confidence from another government or its agencies by an institution; or (c) reveal information received in confidence from an international organization of states or a body thereof by an institution,

and shall not disclose any such record without the prior approval of the Executive Council. R.S.O. 1990, c. F.31, s. 15; 2002, c. 18, Sched. K, s. 4; 2024, c. 24, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. K, s. 4 - 26/11/2002 2024, c. 24, Sched. 2, s. 2 (1, 2) - 29/01/2025

15.1 (1) A head may refuse to disclose a record where the disclosure could reasonably be expected to, (a) prejudice the conduct of relations between an Aboriginal community and the Government of Ontario or an institution; or (b) reveal information received in confidence from an Aboriginal community by an institution. 2017, c. 8, Sched. 13, s. 1. Definition (2) In this section, “Aboriginal community” means, (a) a band within the meaning of the Indian Act (Canada), (b) an Aboriginal organization or community that is negotiating or has negotiated with the Government of Canada or the Government of Ontario on matters relating to, (i) Aboriginal or treaty rights under section 35 of the Constitution Act, 1982, or (ii) a treaty, land claim or self-government agreement, and (c) any other Aboriginal organization or community prescribed by the regulations. 2017, c. 8, Sched. 13, s. 1. Section Amend…

16 A head may refuse to disclose a record where the disclosure could reasonably be expected to prejudice the defence of Canada or of any foreign state allied or associated with Canada or be injurious to the detection, prevention or suppression of espionage, sabotage or terrorism and shall not disclose any such record without the prior approval of the Executive Council. R.S.O. 1990, c. F.31, s. 16; 2002, c. 18, Sched. K, s. 5. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. K, s. 5 - 26/11/2002

17 (1) A head shall refuse to disclose a record that reveals a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence implicitly or explicitly, where the disclosure could reasonably be expected to, (a) prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; (b) result in similar information no longer being supplied to the institution where it is in the public interest that similar information continue to be so supplied; (c) result in undue loss or gain to any person, group, committee or financial institution or agency; or (d) reveal information supplied to or the report of a conciliation officer, mediator, labour relations officer or other person appointed to resolve a labour relations dispute. R.S.O. 1990, c. F.31, s…

18 (1) A head may refuse to disclose a record that contains, (a) trade secrets or financial, commercial, scientific or technical information that belongs to the Government of Ontario or an institution and has monetary value or potential monetary value; (b) information obtained through research by an employee of an institution where the disclosure could reasonably be expected to deprive the employee of priority of publication; (c) information where the disclosure could reasonably be expected to prejudice the economic interests of an institution or the competitive position of an institution; (d) information where the disclosure could reasonably be expected to be injurious to the financial interests of the Government of Ontario or the ability of the Government of Ontario to manage the economy of Ontario; (e) positions, plans, procedures, criteria or instructions to be applied to any negotia…

18.1 (1) A head may refuse to disclose a record that reveals the substance of deliberations of a meeting of the governing body or a committee of the governing body of an educational institution or a hospital if a statute authorizes holding the meeting in the absence of the public and the subject-matter of the meeting, (a) is a draft of a by-law, resolution or legislation; or (b) is litigation or possible litigation. 2005, c. 28, Sched. F, s. 3; 2010, c. 25, s. 24 (7). Exception (2) Despite subsection (1), the head shall not refuse to disclose a record under subsection (1) if, (a) the information is not held confidentially; (b) the subject-matter of the deliberations has been considered in a meeting open to the public; or (c) the record is more than 20 years old. 2005, c. 28, Sched. F, s. 3. Application of Act (3) The exemption in subsection (1) is in addition to any other exemptions in t…

19 A head may refuse to disclose a record, (a) that is subject to solicitor-client privilege; (b) that was prepared by or for Crown counsel for use in giving legal advice or in contemplation of or for use in litigation; or (c) that was prepared by or for counsel employed or retained by an educational institution or a hospital for use in giving legal advice or in contemplation of or for use in litigation. 2005, c. 28, Sched. F, s. 4; 2010, c. 25, s. 24 (8). Section Amendments with date in force (d/m/y) 2005, c. 28, Sched. F, s. 4 - 10/06/2006 2010, c. 25, s. 24 (8) - 1/01/2012

20 A head may refuse to disclose a record where the disclosure could reasonably be expected to seriously threaten the safety or health of an individual. R.S.O. 1990, c. F.31, s. 20; 2002, c. 18, Sched. K, s. 8. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. K, s. 8 - 26/11/2002

21 (1) A head shall refuse to disclose personal information to any person other than the individual to whom the information relates except, (a) upon the prior written request or consent of the individual, if the record is one to which the individual is entitled to have access; (b) in compelling circumstances affecting the health or safety of an individual, if upon disclosure notification thereof is mailed to the last known address of the individual to whom the information relates; (c) personal information collected and maintained specifically for the purpose of creating a record available to the general public; (d) under an Act of Ontario or Canada that expressly authorizes the disclosure; (e) for a research purpose if, (i) the disclosure is consistent with the conditions or reasonable expectations of disclosure under which the personal information was provided, collected or obtained, (i…

21.1 A head may refuse to disclose a record where the disclosure could reasonably be expected to lead to a contravention of section 15 or 16 of the Species Conservation Act, 2025. 2025, c. 11, Sched. 11, s. 3. Section Amendments with date in force (d/m/y) 1997, c. 41, s. 118 (1) - 1/01/1999 2002, c. 18, Sched. K, s. 9 - 26/11/2002 2007, c. 6, s. 61 - 30/06/2008 2025, c. 11, Sched. 11, s. 3 - 30/03/2026

22 A head may refuse to disclose a record where, (a) the record or the information contained in the record has been published or is currently available to the public; or (b) the head believes on reasonable grounds that the record or the information contained in the record will be published by an institution within ninety days after the request is made or within such further period of time as may be necessary for printing or translating the material for the purpose of printing it. R.S.O. 1990, c. F.31, s. 22.

23 An exemption from disclosure of a record under sections 13, 15, 15.1, 17, 18, 20, 21 and 21.1 does not apply where a compelling public interest in the disclosure of the record clearly outweighs the purpose of the exemption. R.S.O. 1990, c. F.31, s. 23; 1997, c. 41, s. 118 (2); 2017, c. 8, Sched. 13, s. 3. Section Amendments with date in force (d/m/y) 1997, c. 41, s. 118 (2) - 1/01/1999 2017, c. 8, Sched. 13, s. 3 - 09/03/2018

Access Procedure

24 (1) A person seeking access to a record shall, (a) make a request in writing to the institution that the person believes has custody or control of the record, and specify that the request is being made under this Act; (b) provide sufficient detail to enable an experienced employee of the institution, upon a reasonable effort, to identify the record; and (c) at the time of making the request, pay the fee prescribed by the regulations for that purpose. 1996, c. 1, Sched. K, s. 2; 2017, c. 2, Sched. 12, s. 4 (1). Frivolous request (1.1) If the head of the institution is of the opinion on reasonable grounds that the request is frivolous or vexatious, subsections (2) to (5) do not apply to the request. 1996, c. 1, Sched. K, s. 2. Sufficiency of detail (2) If the request does not sufficiently describe the record sought, the institution shall inform the applicant of the defect and shall offe…

24.1 (1) The head of an institution may, before the expiry of the time limit set out in section 26 or, where there has been an extension of a time limit under subsection 27 (1) or (1.1), within that extended time limit, respond to a request for records by proposing a plan for providing access to the records in stages if, (a) the time required to search for responsive records would unreasonably interfere with the regular duties of employees of the institution; (b) the scope of the request is overly broad because of the period of time it covers; (c) the preparation of responsive records for disclosure would unreasonably interfere with the operations of the institution due to their volume; or (d) the person who made the request has submitted other requests to the institution and the person’s requests would, collectively, unreasonably interfere with the operations of the institution. 2026, c…

24.2 (1) Where the head of an institution proposes a plan for providing access to records in stages under section 24.1 or proposes amendments to such a plan, the person who requested the records shall, within 30 business days after receiving the plan and any proposed amendments to the plan, respond in writing to the head or, in the case of a decision to propose a plan for providing access to records in stages under section 24.1 or a decision to amend such a plan for the first time, appeal the decision to the Commissioner. 2026, c. 2, Sched. 7, s. 4. Content of response (2) When responding in writing to the head under subsection (1), the person shall, (a) indicate their acceptance of the plan; (b) propose amendments to the plan; or (c) modify the scope of their request. 2026, c. 2, Sched. 7, s. 4. Effect on time limit (3) At the end of the day on which a proposed plan for providing access…

25 (1) Where an institution receives a request for access to a record that the institution does not have in its custody or under its control, the head shall make all necessary inquiries to determine whether another institution has custody or control of the record, and where the head determines that another institution has custody or control of the record, the head shall within fifteen days after the request is received, (a) forward the request to the other institution; and (b) give written notice to the person who made the request that it has been forwarded to the other institution. R.S.O. 1990, c. F.31, s. 25 (1). Transfer of request (2) Where an institution receives a request for access to a record and the head considers that another institution has a greater interest in the record, the head may transfer the request and, if necessary, the record to the other institution, within fifteen…

26 Where a person requests access to a record, the head of the institution to which the request is made or if a request is forwarded or transferred under section 25, the head of the institution to which it is forwarded or transferred, shall, subject to sections 27, 28 and 57, within thirty days after the request is received, Note: On July 1, 2026, section 26 of the Act is amended by striking out “thirty days” in the portion before clause (a) and substituting “45 business days”. (See: 2026, c. 2, Sched. 7, s. 6 (1)) (a) give written notice to the person who made the request as to whether or not access to the record or a part thereof will be given; and (b) if access is to be given, give the person who made the request access to the record or part thereof, and where necessary for the purpose cause the record to be produced. R.S.O. 1990, c. F.31, s. 26; 1996, c. 1, Sched. K, s. 3. Note: On J…

27 (1) A head may extend the time limit set out in section 26 for a period of time that is reasonable in the circumstances, where, (a) the request is for a large number of records or necessitates a search through a large number of records and meeting the time limit would unreasonably interfere with the operations of the institution; or (b) consultations with a person outside the institution are necessary to comply with the request and cannot reasonably be completed within the time limit. R.S.O. 1990, c. F.31, s. 27 (1). Note: On July 1, 2026, section 27 of the Act is amended by adding the following subsection: (See: 2026, c. 2, Sched. 7, s. 7 (1)) Same, second extension (1.1) If the time limit has been extended under subsection (1), the head may extend the time limit one additional time in any of the following circumstances: 1. The person who made the request consents to the extension. 2…

27.1 (1) A head who refuses to give access to a record or a part of a record because the head is of the opinion that the request for access is frivolous or vexatious, shall state in the notice given under section 26, (a) that the request is refused because the head is of the opinion that the request is frivolous or vexatious; (b) the reasons for which the head is of the opinion that the request is frivolous or vexatious; and (c) that the person who made the request may appeal to the Commissioner under subsection 50 (1) for a review of the decision. 1996, c. 1, Sched. K, s. 4. Non-application (2) Sections 28 and 29 do not apply to a head who gives a notice for the purpose of subsection (1). 1996, c. 1, Sched. K, s. 4. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. K, s. 4 - 30/01/1996

28 (1) Before a head grants a request for access to a record, (a) that the head has reason to believe might contain information referred to in subsection 17 (1) that affects the interest of a person other than the person requesting information; or (b) that is personal information that the head has reason to believe might constitute an unjustified invasion of personal privacy for the purposes of clause 21 (1) (f), the head shall give written notice in accordance with subsection (2) to the person to whom the information relates. R.S.O. 1990, c. F.31, s. 28 (1). Contents of notice (2) The notice shall contain, (a) a statement that the head intends to release a record or part thereof that may affect the interests of the person; (b) a description of the contents of the record or part thereof that relate to the person; and (c) a statement that the person may, subject to subsection (5.1), withi…

29 (1) Notice of refusal to give access to a record or a part thereof under section 26 shall set out, (a) where there is no such record, (i) that there is no such record, and (ii) that the person who made the request may appeal to the Commissioner the question of whether such a record exists; or (b) where there is such a record, (i) the specific provision of this Act under which access is refused, (ii) the reason the provision applies to the record, (iii) the name and position of the person responsible for making the decision, and (iv) that the person who made the request may appeal to the Commissioner for a review of the decision. R.S.O. 1990, c. F.31, s. 29 (1). Same (2) Where a head refuses to confirm or deny the existence of a record as provided in subsection 14 (3) (law enforcement), section 14.1 (Civil Remedies Act, 2001), section 14.2 (Prohibiting Profiting from Recounting Crimes …

30 (1) Subject to subsection (2), a person who is given access to a record or a part thereof under this Act shall be given a copy thereof unless it would not be reasonably practicable to reproduce the record or part thereof by reason of its length or nature, in which case the person shall be given an opportunity to examine the record or part thereof in accordance with the regulations. R.S.O. 1990, c. F.31, s. 30 (1). Access to original record (2) Where a person requests the opportunity to examine a record or a part thereof and it is reasonably practicable to give the person that opportunity, the head shall allow the person to examine the record or part thereof in accordance with the regulations. R.S.O. 1990, c. F.31, s. 30 (2). Copy of part (3) Where a person examines a record or a part thereof and wishes to have portions of it copied, the person shall be given a copy of those portions u…

Information to be Published or Available

31 The responsible minister shall cause to be published annually a compilation listing all institutions and, in respect of each institution, setting out, (a) where a request for a record should be made; (b) the name and office of the head of the institution; (c) where the material referred to in sections 32, 33, 34 and 45 has been made available; and Note: On July 1, 2026, clause 31 (c) of the Act is amended by striking out “34 and 45” and substituting “and 34”. (See: 2026, c. 2, Sched. 7, s. 9) (d) whether the institution has a library or reading room which is available for public use, and if so, its address. R.S.O. 1990, c. F.31, s. 31. Section Amendments with date in force (d/m/y) 2026, c. 2, Sched. 7, s. 9 - 01/07/2026

32 The responsible minister shall cause to be published annually an indexed compilation containing, (a) a description of the organization and responsibilities of each institution including details of the programs and functions of each division or branch of each institution; (b) a list of the general classes or types of records prepared by or in the custody or control of each institution; (c) the title, business telephone number and business address of the head of each institution; and (d) any amendment of information referred to in clause (a), (b) or (c) that has been made available in accordance with this section. R.S.O. 1990, c. F.31, s. 32.

33 (1) A head shall make available, in the manner described in section 35, (a) manuals, directives or guidelines prepared by the institution, issued to its officers and containing interpretations of the provisions of any enactment or scheme administered by the institution where the interpretations are to be applied by, or are to be guidelines for, any officer who determines, (i) an application by a person for a right, privilege or benefit which is conferred by the enactment or scheme, (ii) whether to suspend, revoke or impose new conditions on a right, privilege or benefit already granted to a person under the enactment or scheme, or (iii) whether to impose an obligation or liability on a person under the enactment or scheme; or (b) instructions to, and guidelines for, officers of the institution on the procedures to be followed, the methods to be employed or the objectives to be pursued…

34 (1) A head shall provide to the Commissioner an annual report with respect to the previous calendar year in accordance with this section. 2024, c. 24, Sched. 2, s. 3 (1). Contents of report (2) A report made under subsection (1) shall specify, (a) the number of requests under this Act or the Personal Health Information Protection Act, 2004 for access to records made to the institution or to a health information custodian within the meaning of the Personal Health Information Protection Act, 2004 that is acting as part of the institution; (b) the number of refusals by the head to disclose a record under this Act, the provisions of this Act under which disclosure was refused and the number of occasions on which each provision was invoked; (c) the number of refusals under the Personal Health Information Protection Act, 2004 by a health information custodian, within the meaning of that Act…

35 (1) The responsible minister shall cause the materials described in sections 31, 32 and 45 to be made generally available for inspection and copying by the public and shall cause them to be made available to the public on the Internet or in the reading room, library or office designated by each institution for this purpose. 2006, c. 34, Sched. C, s. 3. Note: On July 1, 2026, subsection 35 (1) of the Act is amended by striking out “32 and 45” and substituting “and 32”. (See: 2026, c. 2, Sched. 7, s. 11) Same (2) Every head shall cause the materials described in sections 33 and 34 to be made available to the public on the Internet or in the reading room, library or office designated by each institution for this purpose. 2006, c. 34, Sched. C, s. 3. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. C, s. 3 - 1/04/2007 2026, c. 2, Sched. 7, s. 11 - 01/07/2026

36 (1) Every head shall provide to the responsible minister the information needed by the responsible minister to prepare the materials described in sections 31, 32 and 45. 2006, c. 34, Sched. C, s. 4. Note: On July 1, 2026, subsection 36 (1) of the Act is amended by striking out “32 and 45” and substituting “and 32”. (See: 2026, c. 2, Sched. 7, s. 12) Annual review (2) Every head shall conduct an annual review to ensure that all the information the head is required to provide under subsection (1) is provided and that all such information is accurate, complete and up to date. 2006, c. 34, Sched. C, s. 4. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. C, s. 4 - 1/04/2007 2026, c. 2, Sched. 7, s. 12 - 01/07/2026

36.1 (1) Where an extra-ministerial data integration unit under Part III.1 is not an institution, or part of an institution, the senior officer of the extra-ministerial data integration unit shall cause to be published annually information respecting, (a) where a request for a record should be made; (b) the name, title, business telephone number and business address of the senior officer; (c) a description of the unit’s programs and functions as they relate to Part III.1; (d) an indication of the general types of records that are prepared by or are otherwise in the custody or under the control of the unit in relation to Part III.1; and (e) an indication of any changes to the information previously published under this section. 2023, c. 4, Sched. 3, s. 1. (2) The senior officer shall also cause the information to be provided to the responsible minister upon its publication. 2023, c. 4, Sc…

PART III PROTECTION OF INDIVIDUAL PRIVACY

Collection and Retention of Personal Information

37 (1) This Part does not apply to personal information that is maintained for the purpose of creating a record that is available to the general public. R.S.O. 1990, c. F.31, s. 37. Same (2) With the exception of sections 47 to 49, this Part does not apply to personal information that is collected by a member of a multi-sector data integration unit or a ministry data integration unit under Part III.1. 2019, c. 7, Sched. 31, s. 3; 2020, c. 5, Sched. 2, s. 1 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, section 37 of the Act is amended by adding the following subsection: (See: 2020, c. 5, Sched. 2, s. 1 (2)) Right of access, extra-ministerial data integration unit (3) Where an extra-ministerial data integration unit is not an institution, sections 47 to 49 apply, with any modifications prescribed by the regulations, to personal information that is collected by…

38 (1) In this section and in section 39 and subsection 40 (5), “personal information” includes information that is not recorded and that is otherwise defined as “personal information” under this Act. R.S.O. 1990, c. F.31, s. 38 (1); 2024, c. 24, Sched. 2, s. 4 (1). Collection of personal information (2) No person shall collect personal information on behalf of an institution unless the collection is expressly authorized by statute, used for the purposes of law enforcement or necessary to the proper administration of a lawfully authorized activity. R.S.O. 1990, c. F.31, s. 38 (2). Privacy impact assessment (3) Unless the regulations provide otherwise, before collecting personal information, the head of an institution shall ensure that a written assessment is prepared that contains the following information respecting any personal information that the institution intends to collect: 1. Th…

39 (1) Personal information shall only be collected by an institution directly from the individual to whom the information relates unless, (a) the individual authorizes another manner of collection; (b) the personal information may be disclosed to the institution concerned under section 42 or under section 32 of the Municipal Freedom of Information and Protection of Privacy Act; (c) the Commissioner has authorized the manner of collection under clause 59 (c); (d) the information is in a report from a reporting agency in accordance with the Consumer Reporting Act; (e) the information is collected for the purpose of determining suitability for an honour or award to recognize outstanding achievement or distinguished service; (f) the information is collected for the purpose of the conduct of a proceeding or a possible proceeding before a court or tribunal; (g) the information is collected fo…

40 (1) Personal information that has been used by an institution shall be retained after use by the institution for the period prescribed by regulation in order to ensure that the individual to whom it relates has a reasonable opportunity to obtain access to the personal information. R.S.O. 1990, c. F.31, s. 40 (1). Standard of accuracy (2) The head of an institution shall take reasonable steps to ensure that personal information on the records of the institution is not used unless it is accurate and up to date. R.S.O. 1990, c. F.31, s. 40 (2). Exception (3) Subsection (2) does not apply to personal information collected for law enforcement purposes. R.S.O. 1990, c. F.31, s. 40 (3). Disposal of personal information (4) A head shall dispose of personal information under the control of the institution in accordance with the regulations. R.S.O. 1990, c. F.31, s. 40 (4). Privacy safeguards (…

40.1 (1) The head of an institution shall report to the Commissioner any theft, loss or unauthorized use or disclosure of personal information in the custody or under the control of the institution if it is reasonable in the circumstances to believe that there is real risk that a significant harm to an individual would result or if any other prescribed circumstances exist. 2024, c. 24, Sched. 2, s. 6. Report requirements (2) The report mentioned in subsection (1) must contain the prescribed information and must be made in the prescribed form and manner as soon as feasible after the head determines that the theft, loss or unauthorized use or disclosure has occurred. 2024, c. 24, Sched. 2, s. 6. Notification to individual (3) Unless otherwise prohibited by law, the head of an institution shall notify an individual of any theft, loss or unauthorized use or disclosure of the individual’s per…

Use and Disclosure of Personal Information

41 (1) An institution shall not use personal information in its custody or under its control except, (a) where the person to whom the information relates has identified that information in particular and consented to its use; (b) for the purpose for which it was obtained or compiled or for a consistent purpose; (c) for a purpose for which the information may be disclosed to the institution under section 42 or under section 32 of the Municipal Freedom of Information and Protection of Privacy Act; or (d) subject to subsection (2), an educational institution may use personal information in its alumni records and a hospital may use personal information in its records for the purpose of its own fundraising activities, if the personal information is reasonably necessary for the fundraising activities. R.S.O. 1990, c. F.31, s. 41; 2005, c. 28, Sched. F, s. 5 (1); 2010, c. 25, s. 24 (9). Notice …

42 (1) An institution shall not disclose personal information in its custody or under its control except, (a) in accordance with Part II; (b) where the person to whom the information relates has identified that information in particular and consented to its disclosure; (c) for the purpose for which it was obtained or compiled or for a consistent purpose; (d) where disclosure is made to an officer, employee, consultant or agent of the institution who needs the record in the performance of their duties and where disclosure is necessary and proper in the discharge of the institution’s functions; Note: On September 15, 2026, subsection 42 (1) of the Act is amended by adding the following clause: (See: 2026, c. 2, Sched. 7, s. 13 (1)) (d.1) to an employee in an institution that is a ministry of the Government of Ontario if, (i) the employee had, immediately before being employed in the instit…

43 Where personal information has been collected directly from the individual to whom the information relates, the purpose of a use or disclosure of that information is a consistent purpose under clauses 41 (1) (b) and 42 (1) (c) only if the individual might reasonably have expected such a use or disclosure. R.S.O. 1990, c. F.31, s. 43; 2006, c. 34, Sched. C, s. 6. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. C, s. 6 - 1/04/2007

Personal Information Banks

44 A head shall cause to be included in a personal information bank all personal information under the control of the institution that is organized or intended to be retrieved by the individual’s name or by an identifying number, symbol or other particular assigned to the individual. R.S.O. 1990, c. F.31, s. 44. Note: On July 1, 2026, section 44 of the Act is repealed. (See: 2026, c. 2, Sched. 7, s. 14) Section Amendments with date in force (d/m/y) 2026, c. 2, Sched. 7, s. 14 - 01/07/2026

45 The responsible minister shall publish at least once each year an index of all personal information banks setting forth, in respect of each personal information bank, (a) its name and location; (b) the legal authority for its establishment; (c) the types of personal information maintained in it; (d) how the personal information is used on a regular basis; (e) to whom the personal information is disclosed on a regular basis; (f) the categories of individuals about whom personal information is maintained; and (g) the policies and practices applicable to the retention and disposal of the personal information. R.S.O. 1990, c. F.31, s. 45. Note: On July 1, 2026, section 45 of the Act is repealed. (See: 2026, c. 2, Sched. 7, s. 14) Section Amendments with date in force (d/m/y) 2026, c. 2, Sched. 7, s. 14 - 01/07/2026

46 (1) A head shall attach or link to personal information in a personal information bank, (a) a record of any use of that personal information for a purpose other than a purpose described in clause 45 (d); and (b) a record of any disclosure of that personal information to a person other than a person described in clause 45 (e). R.S.O. 1990, c. F.31, s. 46 (1). Record of use part of personal information (2) A record retained under subsection (1) forms part of the personal information to which it is attached or linked. R.S.O. 1990, c. F.31, s. 46 (2). Notice and publication (3) Where the personal information in a personal information bank under the control of an institution is used or disclosed for a use consistent with the purpose for which the information was obtained or compiled by the institution but the use is not one of the uses included under clauses 45 (d) and (e), the head shall,…

Right of Individual to Whom Personal Information Relates to Access and Correction Rights of access and correction

47 (1) Every individual has a right of access to, (a) any personal information about the individual contained in a personal information bank in the custody or under the control of an institution; and (b) any other personal information about the individual in the custody or under the control of an institution with respect to which the individual is able to provide sufficiently specific information to render it reasonably retrievable by the institution. R.S.O. 1990, c. F.31, s. 47 (1). Note: On July 1, 2026, subsection 47 (1) of the Act is repealed and the following substituted: (See: 2026, c. 2, Sched. 7, s. 15) Rights of access and correction Right of access to personal information (1) Every individual has a right of access to any personal information about the individual in the custody or under the control of an institution with respect to which the individual is able to provide suffici…

48 (1) An individual seeking access to personal information about the individual shall, (a) make a request in writing to the institution that the individual believes has custody or control of the personal information, and specify that the request is being made under this Act; (b) identify the personal information bank or otherwise identify the location of the personal information; and Note: On July 1, 2026, clause 48 (1) (b) of the Act is amended by striking out “identify the personal information bank or otherwise” at the beginning. (See: 2026, c. 2, Sched. 7, s. 16) (c) at the time of making the request, pay the fee prescribed by the regulations for that purpose. 1996, c. 1, Sched. K, s. 7; 2017, c. 2, Sched. 12, s. 4 (2). Access procedures (2) Subsections 10 (2), 24 (1.1) and (2) and sections 25, 26, 27, 27.1, 28 and 29 apply with necessary modifications to a request made under subsect…

49 A head may refuse to disclose to the individual to whom the information relates personal information, (a) where section 12, 13, 14, 14.1, 14.2, 15, 15.1, 16, 17, 18, 19, 20 or 22 would apply to the disclosure of that personal information; (b) where the disclosure would constitute an unjustified invasion of another individual’s personal privacy; (c) that is evaluative or opinion material compiled solely for the purpose of determining suitability, eligibility or qualifications for the awarding of government contracts and other benefits where the disclosure would reveal the identity of a source who furnished information to the institution in circumstances where it may reasonably have been assumed that the identity of the source would be held in confidence; (c.1) if the information is supplied explicitly or implicitly in confidence and is evaluative or opinion material compiled solely for…

49.0.1 (1) The Commissioner may conduct a review of the information practices of an institution if the Commissioner has received a complaint under subsection 40.1 (4) or has other reason to believe that the requirements of this Part are not being complied with. 2024, c. 24, Sched. 2, s. 7. Informal dispute resolution (2) Before conducting a review, the Commissioner may try to resolve the matter through mediation, conciliation or any other informal means of dispute resolution that the Commissioner considers appropriate. 2024, c. 24, Sched. 2, s. 7. No review (3) The Commissioner may decide not to conduct a review for whatever reason the Commissioner considers proper, including if satisfied that, (a) the institution has responded adequately to the complaint; (b) the complaint has been or could be more appropriately dealt with, initially or completely, by means of a procedure, other than a …

Part III.1 Data Integration

49.1 (1) In this Part, Note: On September 15, 2026, subsection 49.1 (1) of the Act is amended by adding the following definition: (See: 2026, c. 2, Sched. 7, s. 17 (1)) “Chief Digital and Data Officer” means the Chief Digital and Data Officer appointed under subsection 3 (1) of the Simpler, Faster, Better Services Act, 2019; (“directeur du numérique et des données”) “data standards” means the data standards approved by the Commissioner under subsection 49.14 (1); (“normes relatives aux données”) Note: On September 15, 2026, the definition of “data standards” in subsection 49.1 (1) of the Act is repealed and the following substituted: (See: 2026, c. 2, Sched. 7, s. 17 (2)) “data standards” means the data standards established by the Chief Digital and Data Officer under subsection 49.14 (1); (“normes relatives aux données”) “extra-ministerial data integration unit” means a person or entity…