In a press conference held Friday afternoon, the Government of Ontario announced proposed legislative updates that could significantly affect how Freedom of Information (FOI) requests are handled.
At this stage, the Government has released only a summary of the proposed changes. The legislation itself has not yet been introduced, so full details remain unclear.
Key Changes
Based on the announcement and early reporting, the reforms appear likely to affect both the scope of records subject to disclosure under Ontario’s FOI legislation and the procedures and timelines governing access requests.
Key changes include:
Removing Ministers’ Offices from FOI Coverage
One of the most significant changes would exclude the Premier, cabinet ministers and their offices from the scope of Ontario’s Freedom of Information legislation.
The Globe and Mail suggests that the proposal would also exclude any records from the offices of MPPs who serve as parliamentary assistants, a group that includes “all but a handful of Mr. Ford’s 79 Progressive Conservative MPPs.” Records held by ministries and other public servants would remain subject to disclosure.
According to the government, this change is intended to ensure ministers can engage in frank policy discussions and receive candid advice in confidence, as well as to align Ontario more closely with the approach taken in several other Canadian jurisdictions.
Ontario’s Information and Privacy Commissioner, Patricia Kosseim, responded with a strongly worded statement describing this aspect of the proposal as “alarming.” She noted that the announcement of the changes follows a recent court ruling upholding her order requiring the Premier to produce call logs from his personal cellphone related to government business.
In her response, the Commissioner warned:
By changing the law retroactively, the government’s message is plain: if oversight bodies get in the way, just change the rules.
Longer Response Timelines
The official announcement also indicates the government may extend the statutory deadline for responding to FOI requests from 30 calendar days to 45 business days.
Because business days exclude weekends and holidays, this change could significantly lengthen the response period. In practice, 45 business days typically translates to 63–65 calendar days, depending on holidays — more than doubling the current deadline.
More flexibility for large and complex requests
The government announced institutions will be granted “more flexibility to manage large volume and complex requests.” Some reporting has also suggested that institutions may be permitted two deadline extensions instead of the current single extension.
Because the legislation itself has not yet been introduced, it remains unclear how these changes would be structured.
Requiring timely assistance for unclear requests
Institutions will be required to provide “reasonable, timely assistance to requesters” when a request contains insufficient detail or requires further information.
Cyber security, data protection, and data portability
The legislation is also expected to introduce measures aimed at strengthening Ontario’s cyber security, data protection and data portability framework across the public sector. For example, under the proposed legislation, government employees may be permitted to carry their same email accounts with them when they change jobs across different government ministries. Commissioner Kosseim cautioned this change “could allow government employees to accumulate Ontarians’ personal information as they move on throughout their careers, even when they no longer have any legitimate need to keep it.”
What Comes Next
The government has so far released only a summary of the proposed changes. The full details will not be known until legislation is formally introduced, which is expected to occur shortly after the Legislature is back in session next week.
FOI professionals across Ontario will be watching closely as the proposed reforms move through the legislative process.
As always, the FOI Assist software, which runs securely in the cloud, will be promptly updated to reflect any legislative changes, enabling institutions to adapt quickly and manage new requirements effectively.
To learn more about the FOI Assist software or to schedule a demonstration, please contact us.
FOI Assist Seminar Series
If you found this article helpful, you may also be interested in the FOI Assist Seminar Series, a free live webinar series for Ontario FOI professionals. The next session is coming up next week.
Learn how to register here:
FOI Assist Seminar Series: Frivolous and Vexatious Requests
References
Press Conference Announcing Proposed Updates to Ontario’s Access, Privacy and Cyber Security Framework.
Stephen Crawford, Minister of Public and Business Service Delivery and Procurement, and Doug Downey, Attorney General.
Government of Ontario livestream, March 13, 2026.
https://www.youtube.com/watch?v=eNZkxKn5LvE
Government of Ontario News Release: “Ontario Updating Cyber Security, Privacy and Access Framework to Align More Closely with Jurisdictions Across Canada.”
Ministry of Public and Business Service Delivery and Procurement, March 13, 2026.
https://news.ontario.ca/en/release/1007160/ontario-updating-cyber-security-privacy-and-access-framework-to-align-more-closely-with-jurisdictions-across-canada
Statement from Commissioner Patricia Kosseim on Proposed Changes to Ontario’s Freedom of Information and Protection of Privacy Act.
Office of the Information and Privacy Commissioner of Ontario, March 13, 2026.
https://www.ipc.on.ca/en/media-centre/news-releases/statement-commissioner-patricia-kosseim-proposed-changes-ontarios-freedom-information-and-protection
The Globe and Mail, “Ontario to introduce bill exempting Premier, cabinet from FOI requests”
Jeff Gray and Tom Cardozo, March 13, 2026.
https://www.theglobeandmail.com/canada/article-ontario-freedom-of-information-requests-premier-cabinet/
Canadian Press, “Ford government proposes FOI law change that would keep premier’s records secret.”
Allison Jones and Liam Casey, March 13, 2026.
https://www.cbc.ca/news/canada/toronto/ontario-ford-changing-foi-rules-9.7127884
CBC News, “Ontario wants to change its FOI rules to keep some records secret. Here’s what you need to know”
Alina Snisarenko, March 14, 2026.
https://www.cbc.ca/news/canada/toronto/ontario-ford-changing-foi-rules-9.7127884
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