Recent Articles
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To whom can a head delegate his or her powers and duties?
As discussed previously, both the Freedom of Information and Protection of Privacy Act (“FIPPA”) and the Municipal Freedom of Information and Protection of Privacy Act (“MFIPPA”) impose responsibility for an institution’s FOI program directly on the individual who is the “head” of such institution. However, in practice, at many institutions, the head is not closely…
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A response to The Toronto Star (and to “FOI reform” articles in general)
News organizations such as The Toronto Star rely on the FOI process to obtain information from government institutions including at the municipal and provincial level. A few times a year, presumably out of frustration with the process, The Star will use their pages to complain about the state of the system — the delays, the…
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Stop the clock! How different actions affect the deadline
The guidance presented in this article is intended for institutions in Ontario responsible for responding to Freedom Of Information (FOI) requests under either the Freedom of Information and Protection of Privacy Act (FIPPA) or the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). As noted in the previous article on how to count…
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Get your head straight – what is the role of your institution’s head?
Every institution to which Ontario’s Freedom of Information and Protection of Privacy Act (FIPPA) or its Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) applies has its own function. I’ve set out a few examples below: Institution Function Legislative Assembly of Ontario To represent Ontarians and their constituencies; to debate and pass legislation;…
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Say what? Clarifying and narrowing requests
Today’s article is intended for institutions in Ontario responsible for responding to FOI requests under either the Freedom of Information and Protection of Privacy Act (FIPPA) or the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). Often, an institution will receive an FOI request that is incomplete or unclear. It isn’t always easy to know…
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Resources for FOI professionals in Ontario
Below are some resources and reference materials that FOI professionals working at Ontario’s provincial and municipal institutions should find helpful. Online Resources Information and Privacy Commissioner of Ontario https://www.ipc.on.ca/ The Information and Privacy Commissioner of Ontario (IPCO) provides oversight of Ontario’s access and privacy laws. The IPCO website publishes hundreds of guidance documents intended to promote…
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How to count time and how to determine the initial 30-day deadline
Both federally, under the Access To Information Act (ATIA), as well as provincially in Ontario, under both the Freedom of Information and Protection of Privacy Act (FIPPA) and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) government institutions are permitted up to thirty (30) days to respond to requests for information. In…
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“The State of FOI law in Canada” on TVO’s The Agenda
In late 2016, Steve Paikin led a discussion on the state of FOI laws in Canada, why they are important, and suggestions on reforms. The inspiration for the discussion was the 250th anniversary of Sweden’s Freedom Of The Press Act, the oldest freedom of information legislation in the world. The forum for the discussion was…
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Do I have to respond to a Freedom of Information (FOI) request?
When your organization receives a request for information, do you have an obligation under Freedom of Information (FOI) laws to answer the inquiry? To know whether your organization has to respond to a request for information, there are two questions that need to be answered. The first question is whether your organization has a legal…
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What are the requirements of a valid Freedom of Information (FOI) request?
Government institutions across Canada generally have an obligation to respond to requests for information so long as the requests satisfy certain formal requirements. A well-formed Freedom of Information (FOI) request will legally compel a response from government; in contrast, a request that does not comply with the formal requirements is normally regarded as an informal…
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Is my organization legally obligated to respond to FOI requests?
Generally, individuals and private companies do not have a legal obligation to respond to requests for information from the public at large. In contrast, government institutions generally do have an obligation to respond to requests for information that satisfy certain formal requirements. For organizations in Ontario, there are three FOI statutes that may apply: The…
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What happens if my institution misses the deadline?
Freedom Of Information (FOI) laws are intended to provide the public with a right of access to information under the control of government institutions. When an institution receives a formal FOI request, it is obligated to respond with a decision regarding the disclosure of the requested information within a reasonable timeframe. An effective FOI system…
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