A Quick Phishing Test from Google 2026-01-07 – Most FOI and privacy professionals are aware of phishing risks. We routinely advise staff to be cautious and we respond when something goes wrong.
In turn, staff look to us for guidance on what to watch for. Setting that example means being able to recognize the warning signs ourselves — especially as phishing attempts become more realistic and harder to spot.
That’s why I highly recommend taking a few minutes to try Google’s Phishing Quiz.
As This Year Comes to a Close 2025-12-19 – At the end of each year, I like to pause and reflect on the year gone by, share a few thoughts on what’s ahead, and take the opportunity to say thank you to the community that makes this work so rewarding.
Introducing the FOI Assist Seminar Series (2026) 2025-12-12 – FOI Assist is pleased to announce the launch of the FOI Assist Seminar Series (2026) — a free, practical Freedom of Information training program designed specifically for Ontario’s provincial and municipal institutions.
FOI Assist Seminar Series (2026): Registration Link for Seminar #1 2025-12-11 – As an FOI Assist Knowledge Base subscriber, you are invited to register for the first seminar in the 2026 FOI Assist Seminar Series.
New Ontario Privacy Impact Assessment Guideline 2025-11-13 – Today’s article summarizes the most important changes between the 2015 and 2025 versions of IPCO’s PIA guideline and explains how these changes may affect your institution’s privacy management practices.
Personal Liability for FOI Mistakes 2025-10-20 – Given that the Acts assign responsibility for responding to FOI requests personally to the heads of institutions and their delegates, individuals involved in processing requests may reasonably wonder whether their actions — intentional or not — could result in personal civil liability. In other words, could a head or employee be sued for failing to respond to an FOI request, for disclosing or withholding information improperly, or for making other FOI-related mistakes?
Data Sharing Agreements 2025-09-12 – A recently announced data-sharing MOU demonstrates IPCO’s compliance with its own guidance. By issuing this MOU, IPCO has put in place a Data Sharing Agreement (DSA) of its own to facilitate information sharing with another government entity.
Drafting Privacy Impact Assessments in 2025 2025-08-28 – Today’s article explains how to draft Privacy Impact Assessments “right now”, as of the second half of 2025, using the best currently available resources, while ensuring compliance with the new legislative requirements.
IPCO Instructs Requestor to Resubmit FOI Request 2025-07-24 – Today’s article is a response to a question from an FOI Assist Knowledge Base reader in Ontario.
Reasonable Search Affirmed 2025-06-25 – Although institutions are expected to make a genuine effort to locate all records responsive to a request, institutions are not required to prove with absolute certainty that no responsive records (or no additional responsive records) exist in response to an access request. Under both FIPPA and MFIPPA, it is sufficient for an institution to provide evidence that a “reasonable search” was conducted to identify and locate the records responsive to the request.
FOIPN Presentation: Frivolous and Vexatious Requests 2025-05-30 – FOI Assist was proud to sponsor, exhibit and present at this year’s Freedom of Information Police Network (FOIPN) Conference, held earlier this week at Science North in Sudbury, Ontario. A copy of the slide deck from the Frivolous and Vexatious Requests presentation is available below.
FOI Assist is at Science North! 2025-05-26 – FOI Assist is proud to be a sponsor and exhibitor at the 2025 Freedom of Information Police Network (FOIPN) Conference, taking place this week at Science North in Sudbury, Ontario.
Requests for Continuing Access 2025-04-30 – In Ontario, requestors can make requests for “continuing access” to records held by an institution.
Transitory Records 2025-03-31 – Institutions regularly generate and receive a wide variety of records, but not every record is intended for long-term retention. Records that serve only temporary purposes and hold no ongoing institutional or public value are referred to as transitory records.
New IPCO Guidelines for the Law Enforcement Exemption 2025-02-24 – The Information and Privacy Commissioner of Ontario (IPCO) has released a new interpretation bulletin providing key guidance and case citations for institutions applying the Law Enforcement exemption under Ontario’s access to information legislation.
When are Personal Phone Records Subject to FOI? 2025-01-27 – For the past two years, a significant case has been unfolding in Ontario’s Freedom of Information (FOI) system, highlighting the delicate balance between expectations of privacy on our personal devices and the public’s demand for access to government records.
In late 2022, Global News submitted an FOI request seeking access to Premier Doug Ford’s personal cell phone call history records. The request was filed based on allegations that the Premier was using his personal phone for government business.
Growth, Change, and Gratitude 2024-12-19 – As the year draws to a close, we look back on a transformative 2024. For the Freedom of Information community, it was a year of significant legislative updates, technological advances, and moments of collaboration that exemplified the core principles of transparency and public service.
Bill 194 Receives Royal Assent 2024-12-03 – Ontario’s Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024 (“Bill 194”) passed third reading and received royal assent on November 25, 2024. It will come into effect on a date to be announced by the provincial government. 
Avoiding Fee Estimate Pitfalls: Lessons from IPCO Order MO-4569 2024-11-29 – A recent decision of the Information and Privacy Commissioner of Ontario provides a cautionary tale about the importance of crafting fee estimate letters with precision and compliance in mind.
Career Opportunity at the Ministry of the Attorney General 2024-11-11 – The Ministry of the Attorney General of Ontario has an opening for a permanent full-time Junior Program Analyst in its Justice Sector Freedom of Information and Protection of Privacy Office.
Privacy Breach Letter Template for Public Institutions 2024-10-08 – Today’s article presents a letter template that Ontario public sector organizations can use when notifying individuals affected by a privacy breach.
FOIPN Presentation: Privacy Breaches and Best Practices 2024-10-04 – I had the privilege last week of presenting at the Freedom of Information Police Network (FOIPN) Fall Conference at Horseshoe Resort. It was a pleasure to meet and re-connect with many of the members of the FOIPN!
For those who were unable to attend or would like a deeper dive, I’m happy to share the slides from my presentation. You can find them available for download below.
The Privacy Breach Management Toolkit 2024-09-23 – The Government of Canada’s Privacy Breach Management Toolkit is intended to support the management and prevention of privacy breaches. Although its guidance is directed primarily at institutions who fall under Canada’s federal privacy legislation, it can be adapted to meet the needs of other types of institutions, and it is well-suited for adoption by provincial and municipal institutions in Ontario and other provinces as well.
Changes to IPCO’s Appeal Process 2024-08-29 – The Information and Privacy Commissioner of Ontario recently introduced changes to the appeal process that will be of interest to all institutions who process FOI requests.
RFP Submissions Aren’t Public Information 2024-07-25 – The Information and Privacy Commissioner of Ontario (IPCO) recently released a decision which provides guidance on the topic of disclosing information contained in RFP submissions. The decision explores whether information submitted by the winning proponent of an RFP process should be made available to the public under an FOI request.
Sharing Information in Situations Involving Intimate Partner Violence 2024-06-24 – The Information and Privacy Commissioner of Ontario (IPCO) has released new guidance to help institutions make informed decisions about privacy, confidentiality, and public safety in situations of intimate partner violence (IPV) risk.
Bill 194 mandates Privacy Impact Assessments 2024-05-31 – Bill 194 updates FIPPA to strengthen cyber security, enhance privacy protections, ensure the responsible use of AI, and mandate Privacy Impact Assessments (PIA’s) in certain cases.
The $5 Application Fee: Sorry, No Refunds! 2024-04-29 – What should an institution do if a requestor asks for a refund of the $5 application fee? And are there any situations where an institution should refund the $5 fee as a matter of course?
University of Toronto’s Sunlight Project 2024-03-25 – The University of Toronto has released the Sunlight Project, described as “the most comprehensive Canadian database of Freedom of Information requests.”
Read today’s article on the FOI Assist Knowledge Base to learn more.
FOI reaches the Supreme Court of Canada: the Mandate Letter Decision 2024-02-07 – In today’s article, I don’t wish to focus on who made the best decision in terms of whether the mandate letters should be disclosed to the public. Rather, I think the most important issues from this case are the debate over the standard of review the court applied to the IPCO decision, and the court’s willingness to overrule the IPCO when it arguably encroached on a constitutionally protected “sphere of confidentiality” within our democratic system.
Seeking Expert Insights: Video Redaction for FOI Requests 2024-01-25 – If you have any recommendations for either software or a service for video redactions, I would love to see them! You can leave a reply below, or if you prefer you can contact me directly with any tips or advice you may have about good solutions for redacting or blurring video footage in response to a freedom of information request. And of course, please feel free to share this post with others who might have might have valuable insights or experience with video redaction for FOI requests.
The Public Interest Override Doesn’t Apply to Excluded Records 2024-01-12 – A recent decision of the Information and Privacy Commissioner of Ontario has attracted significant media attention. A requestor was seeking access to the monthly number of internal disciplinary measures applied to members of the Sault Ste. Marie Police Services Board.
Reflections 2023-12-22 – It has always been my dream to start a software company. I left my in-house legal counsel role to start working on the FOI Assist software in September 2018, just over five years ago. My first step was launching the FOI Assist Knowledge Base, where I figured I could help FOI professionals by answering the […]
Information and Privacy Commissioner of Ontario limiting appeals 2023-11-15 – Tom Cardoso and Robyn Doolittle of The Globe and Mail are reporting this week that the Information and Privacy Commissioner of Ontario (IPCO) is now imposing limits on the number of concurrent appeals from individual appellants. The story relates the experience of Jason Plotz, a “frequent filer of freedom of information requests” who was informed […]
Career Opportunity at Chatham-Kent 2023-11-14 – The Municipality of Chatham-Kent has an opening for a permanent full-time Manager, Privacy & Information in its Municipal Governance division. Having worked closely with the Privacy & Information team at Chatham-Kent, I could not recommend this position more highly. The job posting highlights that this is a permanent full-time position, offering significant benefits including mandatory […]
IPCO Launches Public Consultation on Appeal Procedures 2023-10-31 – The Information and Privacy Commissioner of Ontario (IPCO) has launched a public consultation on proposed revisions to the Code of Procedure for appeals under the Freedom of Information and Protection of Privacy Act (FIPPA) and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). According to the official announcement: If you or your […]
FOI Tactics for Thriving 2023-09-20 – It was a pleasure to speak at the Freedom of Information Police Network (FOIPN) Fall Conference this week in Oakville. Thank you to the FOIPN conference committee for putting on such a wonderful event!
Accept Freedom of Information Requests Online with FOI Assist 2023-08-30 – Would your institution like to accept freedom of information requests online? The FOI Assist software now makes it easy to do. Read today’s FOI Assist Knowledge Base article to learn more.
Information and Privacy Commissioner of Ontario Employees Vote to Unionize 2023-07-31 – In an interesting development last week, staff of the Information and Privacy Commissioner of Ontario (IPCO) voted to unionize with AMAPCEO, the Association of Management, Administrative and Professional Crown Employees of Ontario.
Alternative Fee Systems for Publicly Available Information 2023-07-21 – A recent decision from the Information and Privacy Commissioner of Ontario makes it clear that in some cases, institutions can replace the standard FOI fee structure with a different fee structure better suited to the type of records requested.
AMCTO 2023: What a great time! 2023-06-30 – Thank you David Arbuckle, Manjit Badh, Kathleen Barrett, Alexander Court, Jacquelyn Folville, Alex Gibson, Mark Hollerton, the AMCTO Conference Committee, and the entire AMCTO team for making this year’s event such a stunning success!
FOI Assist is very proud to be a sponsor of the AMCTO 2023 Conference and we look forward to supporting AMCTO in the years ahead.
“Fixing a Broken Access to Information System” on The Agenda 2023-06-27 – TVO’s The Agenda hosted Brooks Fallis, physician; Ontario Information and Privacy Commissioner Patricia Kosseim; and Robyn Doolittle and Tom Cardoso, the investigative reporters behind The Globe and Mail’s Freedom of Information series Secret Canada yesterday to discuss the state of Canada’s Freedom of Information (FOI) system.
“Inside Canada’s Broken Freedom of Information System” 2023-06-09 – Today’s Globe and Mail article presents an opportunity to assess your own Freedom of Information program. Is your institution generally able to respond to requests within 30 days? Are your FOI staff forced to rush through files, potentially leading to errors, missed deadlines, and needless appeals?
FOI Assist is a Proud Sponsor of the 2023 AMCTO Conference in Niagara Falls 2023-06-08 – FOI Assist is a Proud Sponsor of the 2023 AMCTO Conference. And of course, we will be there!
If you are attending the conference, come by and visit FOI Assist in booth #10.
Are Body-Worn Camera Recordings “Labour and Employment” Records? 2023-05-31 – There is currently an appeal underway before the Information and Privacy Commissioner of Ontario (IPCO) which raises an important issue relating to body-worn camera footage and which may have greater implications over how we apply exemptions and exclusions to records in general. As reported by Tom Cardoso and Robyn Doolittle in the Globe & Mail, […]
15 Tips to Make FOI a Breeze 2023-04-28 – It was a pleasure to speak at the 2023 AMCTO Information, Access, and Privacy Forum yesterday, where I presented “15 Tips to Make FOI a Breeze”.
New Features: Email Notifications and Time Tracking 2023-03-20 – I am pleased to announce that two frequently-requested features have just been added to the FOI Assist software: Email Notifications and Time Tracking.
Read today’s FOI Assist Knowledge Base article to learn more.
Annual Statistical Report is due March 31 2023-02-21 – If your institution is in Ontario, responds to freedom of information requests, and is not a federal agency or otherwise regulated by the access-to-information framework under the federal Access to Information Act, you have an obligation to file a statistical report every year with the Information and Privacy Commissioner of Ontario (IPCO).
New FOI fee led to drop in number of requests in B.C. 2023-01-31 – I’m interested in the significant drop in the number of requests, and wonder what to make of it.
Transition 2022-12-22 – As autumn turns to winter, and the current year gives way to the new, there is no better time to think about transition.
Can a requestor refuse to provide their name? 2022-12-14 – What should an institution do when a requestor has not provided their name, and refuses to do so when asked? Does the institution still have an obligation to process the FOI request, even without knowing who the request is coming from?
Multi-Factor Authentication is now supported 2022-11-17 – I am pleased to announce that the FOI Assist software now supports Multi-Factor Authenticaion (MFA). This has been a highly requested feature in 2022, as institutions prioritize IT security and demonstrate increasing sophistication in their use of cloud-based services.
Informal Requests 2022-11-09 – Institutions have an obligation to provide records in response to FOI requests; however, this does not prevent institutions from providing records or information without using the official FOI process.
Canada’s biggest newspapers set their sights on Freedom of Information 2022-10-11 – It now looks like last week’s cover article in The Globe and Mail was just an opening salvo.
“Access Delayed, Access Denied” 2022-10-06 – Freedom of Information (FOI) was the subject of a cover story in the Globe and Mail this morning. Under the cover heading “Access Delayed, Access Denied”, a reference to the famous legal maxim “Justice Delayed is Justice Denied”, Globe journalists and FOI veterans Tom Cardoso and Robyn Doolittle report on the delays currently plaguing Canada’s freedom of information systems, with a special spotlight on the strained federal system.
The Absurd Result Principle 2022-09-29 – It was a privilege to speak last week to all of the attendees of the Freedom of Information Police Network (FOIPN) Fall Conference at the Belleville Police Service Headquarters in Belleville, Ontario.
I was asked to deliver a presentation on the Absurd Result Principle, a legal principle with a long history in the Canadian and English legal systems.
When is Purchase Agreement Information Exempt as Third Party Information? 2022-08-22 – Today’s article should be of interest to anyone who applies the mandatory third party exemption in section 17(1) of FIPPA (or its equivalent in section 10(1) of MFIPPA) to purchase agreements, service agreements, and supporting documents such as the records of discussions surrounding decisions to purchase products and/or services.
The Divisional Court of Ontario recently unanimously affirmed a decision of the Information and Privacy Commissioner of Ontario (IPCO) describing how the mandatory third party exemption in section 17(1) of FIPPA applies to information supplied by a vendor during the procurement process and to the resulting service agreement itself.
Public Employees’ Right of Privacy 2022-07-27 – Just in time for some “light summer reading”, on June 21, 2022, the Ontario Court of Appeal issued an interesting decision that may have implications for how institutions conduct searches in response to Freedom of Information (FOI) requests.
Farewell to AMCTO 2022 Niagara Falls 2022-06-15 – The 2022 AMCTO Municipal Conference in Niagara Falls, Ontario is over. I’m pleased to share that the conference was a huge success for FOI Assist! I met with many municipal representatives, and I was surprised (and pleased!) to learn that most had never heard of the FOI Assist software. There were many requests for “full […]
Hello from AMCTO 2022 2022-06-13 – Good morning everyone! I’m here at the AMCTO 2022 Municipal Conference in Niagara Falls, Ontario. It feels great to be back at a “real life” event and meeting people in person. There’s been a great crowd, and many municipal employees have been coming by the FOI Assist booth to see and hear about the FOI […]
AMCTO Municipal Monitor (Q2 2022) 2022-06-09 – The newest issue of the AMCTO Municipal Monitor just came out this week. It includes a very flattering promotional article about the FOI Assist software with testimonials from some of FOI Assist’s terrific municipal clients.
2022 AMCTO Conference: Getting Ready! 2022-06-07 – I’m looking forward to representing FOI Assist at the 2022 AMCTO Conference as an exhibitor. It’s just a few days away!
The “Other Acts” Exclusion 2022-05-26 – Freedom of Information professionals should be aware of exclusions found in legislation other than FIPPA and MFIPPA that may apply to access requests received by their institution.
New FIPPA/MFIPPA Reference Card 2022-04-27 – I have created a 5×7″ double-sided reference card to help FOI Professionals remember some of the tricky details specific to general records requests, access to personal information requests, and correction requests under both the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act, including a complete list of fees, exemptions and exclusions.
Third-Party Personal Information 2022-03-21 – When processing an FOI request for access to personal information, can the institution use FIPPA s.21(1) / MFIPPA s.14(1) to exempt third party personal information from disclosure?
The short answer is “no”, but the slightly longer answer is, “not exactly”.
General Records Requests vs. Personal Information Requests 2022-03-07 – Today’s article is intended to provide an overview of the similarities and differences between general records requests and access to personal information requests.
Action plan for large FOI requests 2022-02-28 – Today’s article is intended to give institutions an initial plan of action they can follow when a large request is received
Forwarding or Transferring Requests 2022-02-04 – What happens when a requestor sends a Freedom of Information (FOI) request to the wrong institution?
Charging Fees When No Records Are Found? 2022-01-24 – Ontario’s Freedom of Information and Protection of Privacy Act (FIPPA) and its Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) both give institutions the right to charge fees for the work involved in responding to an Freedom of Information (FOI) request. Besides the $5.00 application fee (which is applicable to every disclosure request), […]
Looking Forward 2021-12-20 – I’m incredibly thankful for the time that many institutions have invested in learning about how the FOI Assist software can help their practice, whether through self-directed research, or by booking a demonstration of the software.
Why Charge an Application Fee for Each FOI Request? 2021-11-04 – Last week, news organizations announced with dismay that British Columbia may impose an application fee of $25 for Freedom of Information requests filed in that province. Currently, in British Columbia, applicants can file an FOI request for free and pay no search charges unless the request is for public records (rather than personal information) and […]
Should your institution accept FOI requests online? 2021-10-14 – Today’s article is intended to dive into the complexities of accepting FOI requests online, and to help you evaluate whether accepting FOI requests online makes sense for your institution.
The “Law Enforcement” Exemption (FIPPA s.14 / MFIPPA s.8) 2021-09-08 – An overview of the Law Enforcement disclosure exemption, including why you should know it, and some of its more interesting features, such as when it permits institutions to refuse to confirm or deny the existence of a record.
FOI Software: “Off The Shelf” or Custom Built? 2021-08-30 – You shouldn’t try to create your own FOI software, or even spend valuable institutional time in customizing existing software, when there is already an off-the-shelf solution available.
FOI Requests Dropped Sharply During COVID-19 2021-07-20 – Freedom of Information (“FOI”) requests filed to provincial and municipal institutions in Ontario dropped by 27% in 2020, from 60,394 requests filed across the province in 2019 down to 44,167 requests filed in 2020. This drop occurred during a year dominated by the outset of the COVID-19 pandemic.
Interim Fee Estimates are Optional 2021-06-16 – There is no need for the institution to prepare a fee estimate between $25 and $100 until it has completed the work involved in processing the FOI request.
Should You Include a Time Extension in Your Interim Fee Estimate? 2021-05-26 – When an institution expects that it will be issuing both a fee deposit request as well as a time extension for the same FOI request, how should it proceed? Should the institution issue the time extension first, the fee deposit request first, or should it issue them both in the same letter?
Splitting up an FOI Request 2021-04-28 – Institutions in Ontario have the option of “splitting up” a request, that is, deeming that a request with multiple parts is actually a number of separate, smaller requests, all received on the same day.
An Introduction to the FOI Appeal Process 2021-04-14 – In today’s article, I want to provide an introduction to the FOI appeal process from the perspective of the institution. My main goal is to build the confidence of the many FOI professionals in Ontario who have seldom or never faced an appeal. 
Updated FOI Request Process Poster Now Available 2021-03-17 – I am very pleased to announce that I have now updated the poster and have ordered additional poster-sized printed copies after giving out all of the original printed copies to readers of the FOI Assist Knowledge Base.
New Podcast from the Ontario Privacy Commissioner 2021-03-09 – Patricia Kosseim, the Privacy Commissioner of Ontario, has just launched a new podcast: “Info Matters”.
“Reasonable effort” to locate a record 2021-02-16 – Institutions should be aware of their obligation to undertake a “reasonable effort” to locate responsive records under s.24 of the Freedom Of Information And Protection Of Privacy Act and s.17 of the Municipal Freedom Of Information And Protection Of Privacy Act. 
Video: Introduction to Records Management 2021-02-04 – I highly recommend this engaging, 7-minute Introduction to Records Management video created by Lina Fontana, Records Coordinator & Privacy Officer at the Windsor-Essex County Health Unit. This is a great introduction to records management for any organization, and especially for provincial and municipal institutions here in Ontario. 
Announcing the release of the FOI Assist software 2021-02-02 – I am very pleased to announce the FOI Assist software is now available for purchase on an annual subscription basis.
Are Your Written Notices Defective? 2021-01-27 – Issuing compliant written notices can be deceptively complicated, given the multiple sources of rules and guidance that come into play. Unfortunately, as seen above, issuing a notice which fails to meet the requirements can lead to an adverse decision against the institution in an appeal before IPCO.
The Year Gone By, and the Year Ahead 2020-12-22 – What a year! With the holidays just around the corner, I wanted to send everyone my best wishes and give you all an update on how things are progressing here at FOI Assist. Obviously this has been an unusual year for everyone, and a difficult year for many. I was fortunate to be working from […]
“List Of Farms” FOI Requestor Identity Revealed 2020-12-10 – The identity of the person who requested a list of all Ontario farms from OMAFRA, and why the request was made.
How To Keep Your FOI Files Organized 2020-11-30 – For readers who may be caught in the trap of constantly improvising new processes for keeping things in good order, and who may be somewhat anxious about the state of their FOI files — for those of you in this crowd, I think you will find this article invaluable.
Federal Health Minister Criticized For Deriding Freedom of Information 2020-10-26 – Since March, federal government offices have been reopening, but the government’s ability to respond to FOI requests has apparently not kept apace.
Are Correction Requests Subject To The 30-Day Deadline? 2020-09-16 – Provincial and municipal institutions in Ontario are permitted 30 days to respond to access requests. But does the same deadline apply to correction requests?
The “Advice or Recommendations” Exemption (FIPPA s.13 / MFIPPA s.7) 2020-08-28 – An overview of the “Advice to Government” / “Advice or Recommendations” exemption under FIPPA / MFIPPA.
Ontario Privacy Commissioner Patricia Kosseim breathes new life into the official IPCO Blog 2020-07-30 – In the span of a week, three excellent articles appeared on the official Information and Privacy Commissioner of Ontario (IPCO) Blog.
Patricia Kosseim assumes the role of Ontario’s Privacy Commissioner 2020-07-03 – Patricia Kosseim started her term as the new Privacy Commissioner of Ontario this week. See her statement of introduction here: Message from the Commissioner Patricia Kosseim. All the best to Patricia Kosseim in her new role. If you’d like to stay engaged with further updates and see pre-release previews and demos of the FOI Assist […]
Can an institution consult a sample of affected persons rather than notifying everyone? 2020-07-02 – [A]n unidentified individual has filed an FOI request with the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) for the following information:
“List of all Ontario businesses with a Farm Business Registration. If possible I would like their FBR number as well, but at the very least, I just need the names of the businesses that are registered.”
Assigning searches to internal staff 2020-06-24 – In the Province of Ontario alone, there are over 1,000 institutions who are obligated to respond to Freedom of Information (FOI) requests under the Freedom of Information and Protection of Privacy Act (FIPPA) or the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). This impressive number leaves a lot of room for variation […]
Applying the public interest override to employment information 2020-05-21 – Today’s article is intended to explain when the public interest override applies to requests for employment information.
Patricia Kosseim is Ontario’s Next Privacy Commissioner 2020-04-28 – Patricia Kosseim has been appointed as the next Privacy Commissioner of Ontario effective July 1, 2020.
Can You Get COVID-19 From Mail? 2020-03-30 – I thought it would be useful to look into the question of whether COVID-19, the novel coronavirus, can be caught by handling mail or parcels.
“Freedom-of-Information requests shunted to sidelines during virus crisis” 2020-03-27 – “The office of Ontario’s information commissioner says the expectation to comply with the province’s access law remains in effect, but adds it understands that many organizations will be unable to meet the 30-day response requirement.”
COVID-19 Applicable Exemptions 2020-03-26 – For provincial and municipal institutions in Ontario who are receiving Freedom Of Information requests under the Freedom of Information and Protection of Privacy Act (FIPPA) and the Municipal Freedom Of Information and Protection of Privacy Act (MFIPPA) related to the current COVID-19 pandemic, I thought it would be helpful to create a list of exemptions and exclusions that may be applicable.
Abandonment Issues 2020-02-25 – When are institutions allowed to decide that a file has been abandoned?
Question from a Journalist 2020-01-27 – I recently received a question from a journalist who was wondering whether a particular organization who received financial support from the Province of Ontario had an obligation to respond to FOI requests for general records.
Become Ontario’s Next Privacy Commissioner 2020-01-21 – The Legislative Assembly of Ontario is currently accepting applications for the next Information & Privacy Commissioner of Ontario.
The Top 10 FOI Assist Articles of 2019 2019-12-18 – With this being the first full year the FOI Assist website has been operating, I thought it would be appropriate to publish a top 10 list of the most popular articles on this site, based on which ones received the highest viewership in 2019. 
The Public Interest Override 2019-11-27 – “Exemptions Not To Apply” Both the Freedom of Information and Protection of Privacy Act (FIPPA) and the Municipal Freedom Of Information and Protection of Privacy Act (MFIPPA) contain a special provision referred to as the “public interest override”. Appearing in FIPPA s. 23 and MFIPPA s. 16, this language of this provision is essentially the […]
Year-End Statistical Reporting doesn’t have to be scary 2019-10-22 – Year-End Statistical Reporting doesn’t have to be scary. In this post, I show you how to make it easy and provide a free file closing worksheet to help you get started.
Filing an FOI request is not defamation 2019-09-25 – “The overarching purpose of access to information legislation, then, is to facilitate democracy. It does so in two related ways. It helps to ensure first, that citizens have the information required to participate meaningfully in the democratic process, and secondly, that politicians and bureaucrats remain accountable to the citizenry .” Dagg v Canada (Minister of […]
The Affected Person Process 2019-09-10 – The affected person process is one of the most important and visible ways that FIPPA and MFIPPA balance the public’s right of access against the rights of individuals and organizations to prevent the disclosure of their personal and confidential information. Other names for the process include the “notice to affected person” process, “third party notice” process, the “affected third party” process, and the “affected third person” process.
Here’s what an FOI app can do for you 2019-08-08 – When I tell FOI professionals that I am working on FOI software, I often get questions such as “what can it do?” or “how can software help?” These are great questions — and most of us are too busy responding to requests and processing files to think of exactly how an app might be able […]
FOI Assist Tech Demo #1: Interim Fee Estimate Tool 2019-07-22 – I am delighted to announce the release of the first FOI Assist technology demo: the Interim Fee Estimate Tool.
An Introduction to Freedom of Information 2019-06-24 – Up to this point I’ve written many articles on the “finer points” of responding to Freedom of Information (FOI) requests. But today I would like to present an article addressed to all of those people who are just starting out as an FOI professional – who might appreciate
FOI In The News: Government rejects Senate changes to ATIA; “culture of secrecy” and more 2019-06-17 – The Senate proposed giving the Federal Privacy Commissioner the ability to have access decisions certified by the Federal Court of Canada (thereby becoming legally enforceable) if the government ignores the initial decision or refuses to comply. The Senate also proposed banning the use of “code words” to describe individuals or government entities as a means of evading access-to-information requests.
Highlights from the “Reaching Out to Ontario – Waterloo” event 2019-06-10 – Highlights from the recent “Reaching Out to Ontario” event presented on Friday, May 31, 2019 by the Information and Privacy Commissioner of Ontario (IPCO) at Wilfrid Laurier University in Waterloo, Ontario. 
Reaching Out to Ontario – Waterloo 2019-05-27 – I’ll be attending the Information and Privacy Commissioner of Ontario’s Reaching Out to Ontario event at Wilfrid Laurier University this Friday.
When is labour and employment information exempt from disclosure? 2019-05-22 – In Ontario, both the Freedom of Information and Protection of Privacy Act (FIPPA) and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) contain special provisions regarding labour and employment information which often have the effect of giving institutions the option (or in some cases, an obligation) to refuse to disclose such information to requestors.
FOI In The News (May 8, 2019) 2019-05-08 – Globe & Mail: Canada’s information czar says lack of stable funding ties her hands Jim Bronskill, May 1, 2019 Federal information commissioner Caroline Maynard warns that financial uncertainty is making it impossible for her office to set goals and maintain momentum. The Office of the Information Commissioner of Canada handles complaints from Canadians who have […]
Why do requestors ask for electronic versions of records? 2019-04-30 – In this article, FIPPA and MFIPPA refer to Ontario’s Freedom of Information and Protection of Privacy Act and Municipal Freedom of Information and Protection of Privacy Act, respectively. There are a number of reasons that a requestor might ask an institution to disclose records digitally rather than in hard copy: The requestor is hoping to […]
FOI In The News (April 23, 2019) 2019-04-23 – CBC News: Overburdened public bodies seek fees, restrictions on freedom of information requests Ian Froese, April 11, 2019 In Manitoba, there is currently no charge to apply for access to records, and requestors are allotted two free hours for search and preparation time. As part of a review of Manitoba’s Freedom of Information and Protection […]
Do institutions have to disclose electronic versions of records? 2019-04-15 – Can requestors specify whatever format they want? How should an institution respond to a request that specifies the format in which the requestor would like to receive the records? For example, an institution might receive a request for hundreds of pages of documents which are stored by the institution only in hard copy, but the […]
“I thought we deleted that!” Metadata and Hidden Data 2019-04-04 – What are Metadata and Hidden Data? Metadata Metadata refers to information “about” a record. For a Microsoft Word document, this could include information such as the author of the document, the date and time the document was created, the time spent editing the document, its length, its description, comments about the document, etc. For a […]
Decoding the names of FOI decisions 2019-03-28 – What do the names of FOI decisions mean? The Information and Privacy Commissioner of Ontario (IPCO) assigns a unique identifier to each decision made by its adjudicators. Generally, the identifier is a short string of letters and numbers, such as P-22, PO-2400, or MO-1508. But in the early days of IPCO, orders were identified with […]
Update: FOI Flowcharts have been sent (copies are still available) 2019-03-27 – If you requested a poster-sized printed copy of the FOI Flowchart, it has now been sent. Keep an eye on your incoming mail, as the posters will be arriving shortly. If you are an FOI professional in Ontario and you haven’t seen the FOI Flowchart yet, I suggest taking a look. It is available for […]
Receiving an FOI Request from a Lawyer 2019-03-20 – When you have received a Freedom Of Information (FOI) request from a lawyer, there are a few things to consider: Is your organization obligated to respond to FOI requests? An earlier article, Do I have to respond to a Freedom Of Information (FOI) request?, may help you answer this question. Keep in mind this guidance applies only […]
Requests for Personal Information with the Consent of the Individual 2019-03-20 – Institutions are sometimes faced with a request from someone who purports to be acting on behalf or with the consent of the individual whose personal information is being requested. The requestor in this case may be a lawyer, insurance company, or agent, or it may simply be a friend a relative who is helping the […]
Verifying the Identity of the Requestor 2019-03-11 – The Freedom of Information and Protection of Privacy Manual (the “FOI Manual”) notes that when a requestor asks an institution for the requestor’s own personal information, the institution must first verify the identity of the requestor before any personal information is disclosed. The FOI Manual suggests that an institution may be able to fulfill the […]
The FOI Request Process Poster 2019-02-25 – I’ve created a “flowchart” poster which describes the entire process of answering an FOI request for records under Ontario’s Freedom Of Information and Protection of Privacy Act (FIPPA) as well as under Ontario’s Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).
Leave no paper trail? 2019-02-20 – “Family minister’s foster care review instructions leave no paper trail” Katie Nicholson, Joanne Levasseur · CBC News · Posted: Feb 20, 2019 4:00 AM CT The article above appeared on the CBC website just this morning. I think it offers an important lesson to institutions who may be tempted to avoid keeping appropriate written records as a way of limiting their […]
How many FOI requests should my institution expect to receive? 2019-01-31 – Every year, the Information and Privacy Commissioner of Ontario (IPCO) publishes a statistical report which shows how many FOI requests each institution in Ontario received in a given year, as well as other statistics related to the performance of each institution’s FOI program, such as how many requests were completed in a given year, how […]
The Freedom of Information and Protection of Privacy Manuals 2019-01-16 – Wait — there’s more than one? When I was asked to manage the FOI program at the Toronto 2015 Pan Am Games, I spent the first few weeks interpreting FIPPA directly using only David Goodis’s excellent annotated Act. My life got a whole lot easier when I discovered the Ministry of Government Services’ Freedom of Information […]
When is an FOI request frivolous or vexatious? 2018-12-12 – Besides the exemptions and exceptions available under Ontario’s Freedom of Information and Protection of Privacy Act (FIPPA) and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), both FIPPA and MFIPPA also allow institutions to deny requests “if the head is of the opinion on reasonable grounds that the request for access is […]
Exemptions vs. Exclusions: What is the difference? 2018-12-05 – Ontario’s Freedom of Information and Protection of Privacy Act (FIPPA) and its Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) both provide members of the public with a general right of access to government information, subject to certain exclusions and exemptions. But what is the difference between an “exemption” and an “exclusion”? In […]
The 2018-2019 Annotated Ontario Freedom of Information and Protection of Privacy Acts by David Goodis 2018-11-30 – The Annotated Ontario Freedom of Information and Protection of Privacy Acts by David Goodis is the go-to guide to Ontario’s Freedom of Information and Protection of Privacy Act (FIPPA) as well as to Ontario’s Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). The 2018-2019 edition just came out this week and my copy […]
To whom can a head delegate his or her powers and duties? 2018-11-23 – 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 […]
A response to The Toronto Star (and to “FOI reform” articles in general) 2018-11-15 – 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 […]
Stop the clock! How different actions affect the deadline 2018-11-07 – 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 […]
Get your head straight – what is the role of your institution’s head? 2018-11-01 – 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; […]
Say what? Clarifying and narrowing requests 2018-10-24 – 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 […]
Resources for FOI professionals in Ontario 2018-10-15 – 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 […]
How to count time and how to determine the initial 30-day deadline 2018-10-10 – 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 […]
“The State of FOI law in Canada” on TVO’s The Agenda 2018-10-03 – 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 […]
Do I have to respond to a Freedom of Information (FOI) request? 2018-10-03 – 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 […]
What are the requirements of a valid Freedom of Information (FOI) request? 2018-10-03 – 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 […]
Is my organization legally obligated to respond to FOI requests? 2018-10-03 – 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 […]
What happens if my institution misses the deadline? 2018-09-26 – 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 […]
The Journey Begins 2018-09-20 – Thanks for joining me! Good company in a journey makes the way seem shorter. — Izaak Walton
FOI Assist Knowledge Base 