Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31" Français e-Laws How to use e-Laws e-Laws definitions Legislative tables How to use e-Laws e-Laws definitions Legislative tables Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, Freedom of Information and Protection of Privacy Act Freedom of Information and Protection of Privacy Act R.S.O. 1990, CHAPTER F.31 Consolidation Period: From July 1, 2026 to the e-Laws currency date. Last amendment: 2026, c. 2, Sched. 7. Legislative History: 1992, c. 14, s. 1; 1992, c. 32, s. 13; 1993, c. 38, s. 65; 1994, c. 11, s. 388; 1994, c. 12, s. 49; 1995, c. 1, s. 82; 1996, c. 1, Sched. K, s. 1-12; 1996, c. 2, s. 66; 1996, c. 6, s. 2, 3; 1996, c. 25, s. 6; 1997, c. 41, s. 118; 1998, c. 26, s. 103; 2002, c. 2, s. 15, 19 (4-7); 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. K, s. 1-11; 2002, c. 34, Sched. B, s. 2, 3; 2004, c. 3, Sched. A, s. 81; 2004, c. 17, s. 32; 2005, c. 25, s. 34; 2005, c. 28, Sched. F; 2006, c. 19, Sched. N, s. 1; 2006, c. 21, Sched. C, s. 110; 2006, c. 34, Sched. C, s. 1-12; 2006, c. 34, Sched. F, s. 1; 2006, c. 35, Sched. C, s. 47; 2007, c. 6, s. 61; 2007, c. 13, s. 43; 2008, c. 15, s. 86; 2010, c. 25, s. 24; 2011, c. 9, Sched. 15; 2014, c. 13, Sched. 4, s. 8 (see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006); 2014, c. 13, Sched. 6, s. 1, 2; 2015, c. 20, Sched. 13; 2016, c. 5, Sched. 10; 2016, c. 23, s. 49; 2016, c. 37, Sched. 18, s. 8; 2017, c. 2, Sched. 12, s. 4; 2017, c. 7, s. 3; 2017, c. 8, Sched. 13; 2017, c. 14, Sched. 4, s. 14; 2017, c. 19, Sched. 2; 2017, c. 25, Sched. 9, s. 94 (see 2023, c. 4, Sched. 1, s. 67); 2018, c. 17, Sched. 19; 2019, c. 7, Sched. 17, s. 80; 2019, c. 7, Sched. 31; 2019, c. 7, Sched. 60, s. 9; 2020, c. 5, Sched. 2; 2020, c. 11, Sched. 15, s. 54; 2021, c. 4, Sched. 3, s. 22; 2021, c. 4, Sched. 11, s. 11; 2021, c. 40, Sched. 12, s. 2; 2023, c. 4, Sched. 3; 2023, c. 7, Sched. 3; 2023, c. 21, Sched. 1, s. 11; 2023, c. 21, Sched. 10, s. 13; 2024, c. 24, Sched. 2; 2025, c. 11, Sched. 11, s. 3; 2026, c. 2, Sched. 7. CONTENTS 1. Purposes 1.1 Limited application re Assembly 2. Definitions PART I ADMINISTRATION 3. Responsible minister 4. Information and Privacy Commissioner 5. Term of office 6. Removal or suspension 7. Salary and benefits 7.1 Designation by Commissioner 7.2 Temporary Commissioner 7.3 Subsequent appointment not prohibited 7.4 Restrictions re other work, etc. 7.5 Oath of office 7.6 Nature of office 7.7 Protection from liability 8. Staff 9. Financial PART II FREEDOM OF INFORMATION Access to Records 10. Right of access 10.1 Measures to ensure preservation of records 11. Obligation to disclose Exemptions 12. Cabinet records 13. Advice to government 14. Law enforcement 14.1 Civil Remedies Act, 2001 14.2 Prohibiting Profiting from Recounting Crimes Act, 2002 15. Relations with other governments 15.1 Relations with Aboriginal communities 16. Defence 17. Third party information 18. Economic and other interests of Ontario 18.1 Information with respect to closed meetings 19. Solicitor-client privilege 20. Danger to safety or health 21. Personal privacy 21.1 Species at risk 22. Information soon to be published 23. Exemptions not to apply Access Procedure 24. Request 24.1 Plan for staged access to records 24.2 Requester’s response to plan 25. Request to be forwarded 26. Notice by head 27. Extension of time 27.1 Frivolous request 28. Notice to affected person 29. Contents of notice of refusal 30. Copy of record Information to be Published or Available 31. Publication of information re institutions 32. Operation of institutions 33. Institution documents 34. Annual report of head 35. Documents made available 36. Information from heads 36.1 Extra-ministerial data integration units PART III PROTECTION OF INDIVIDUAL PRIVACY Collection and Retention of Personal Information 37. Application of Part 38. Personal information 39. Manner of collection 40. Retention and protection of personal information 40.1 Breach of privacy safeguards Use and Disclosure of Personal Information 41. Use of personal information 42. Where disclosure permitted 43. Consistent purpose Right of Individual to Whom Personal Information Relates to Access and Correction 47. Rights of access and correction 48. Requests and manner of access 49. Exemptions 49.0.1 Commissioner’s review of information practices PART III.1 DATA INTEGRATION 49.1 Definitions 49.1.1 Application of Act to extra-ministerial data integration units 49.2 Purpose for the collection of personal information 49.3 General rules re personal information 49.4 Collection of personal information 49.5 Restrictions on collection 49.6 Linking and de-identification 49.7 Limits on use of personal information 49.8 Limits on use of de-identified information 49.9 Disclosure of personal information 49.10 Notice of collection 49.11 Security and retention 49.12 Commissioner’s review of practices 49.13 Annual report 49.14 Data standards 49.14.1 Commissioner’s comments and recommendations 49.15 Regulations PART IV APPEAL 50. Right to appeal 51. Mediator to try to effect settlement 52. Inquiry 53. Burden of proof 54. Order 55. Confidentiality 56. Delegation by Commissioner PART V GENERAL 57. Fees 57.1 Whistleblowing 58. Annual report of Commissioner 59. Powers and duties of Commissioner 60. Regulations 61. Offences 62. Delegation, civil proceedings 63. Informal access 64. Information otherwise available 65. Application of Act 65.1 Service provider organizations 65.2 Public consultation before making regulations 65.3 Non-application re: certain corporations 66. Exercise of rights of deceased, etc., persons 67. Conflict with other Act 69. Application 70. Crown bound Purposes 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. Limited application re Assembly 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 and 36 do not apply with respect to the Assembly. 2002, c. 34, Sched. B, s. 2; 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’ Expenses Review and Accountability Act, 2002. (“dépense sujette à examen”) 2002, c. 34, Sched. B, s. 2. Section Amendments with date in force (d/m/y) 2002, c. 34, Sched. B, s. 2 - 01/01/2003 2014, c. 13, Sched. 4, s. 8 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2024 2026, c. 2, Sched. 7, s. 1 - 01/07/2026 Definitions 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 Ottawa Heart Institute/Institut de cardiologie de l’Université d’Ottawa, the Chair of the board, and (b) in the case of any other institution, the person designated as head of that institution in the regulations; (“personne responsable”) “hospital” means, (a) a public hospital, (b) a private hospital, and (c) the University of Ottawa Heart Institute/Institut de cardiologie de l’Université d’Ottawa; (“hôpital”) “Information and Privacy Commissioner” and “Commissioner” mean the Commissioner appointed under subsection 4 (2); (“commissaire à l’information et à la protection de la vie privée”, “commissaire”) “information practices” means the practices and procedures of an institution for actions in relation to personal information, including, (a) when, how and the purposes for which the institution collects, uses, modifies, discloses, retains or disposes of personal information, and (b) the administrative, technical and physical safeguards and practices that the institution maintains with respect to protecting the information; (“pratiques relatives aux renseignements”) “institution” means, (0.a) the Assembly, (a) a ministry of the Government of Ontario, (a.1) a service provider organization within the meaning of section 17.1 of the Ministry of Government Services Act, (a.2) a hospital, and (b) any agency, board, commission, corporation or other body designated as an institution in the regulations; (“institution”) “law enforcement” means, (a) policing, (b) investigations or inspections that lead or could lead to proceedings in a court or tribunal if a penalty or sanction could be imposed in those proceedings, or (c) the conduct of proceedings referred to in clause (b); (“exécution de la loi”) “personal information” means recorded information about an identifiable individual, including, (a) information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual, (b) information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved, (c) any identifying number, symbol or other particular assigned to the individual, (d) the address, telephone number, fingerprints or blood type of the individual, (e) the personal opinions or views of the individual except where they relate to another individual, (f) correspondence sent to an institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence, (g) the views or opinions of another individual about the individual, and (h) the individual’s name where it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual; (“renseignements personnels”) “private hospital” means a private hospital within the meaning of the Private Hospitals Act; (“hôpital privé”) “public hospital” means a hospital within the meaning of the Public Hospitals Act; (“hôpital public”) “recognized party” has the same meaning as in subsection 62 (5) of the Legislative Assembly Act; (“parti reconnu”) “record” means any rec…