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Ontario Plans Retroactive FOI Shield for Premier and Cabinet Records

The government says the overhaul modernizes a decades-old access law to protect cabinet confidentiality.

Overview

  • Ontario’s Information and Privacy Commissioner, Patricia Kosseim, condemned the move as a retroactive rewrite after courts upheld orders to release Premier Doug Ford’s call logs.
  • Draft legislation would exclude records of the premier, cabinet ministers, parliamentary assistants and their offices from freedom-of-information requests.
  • The exemption would apply retroactively and could affect efforts by journalists to obtain documents tied to the Greenbelt controversy and the premier’s cellphone records.
  • FOI response deadlines would extend from 30 calendar days to 45 business days, while requests to records held by ministry public servants would still be allowed.
  • The government argues the update reflects modern communications and safeguards cabinet secrecy, a claim of alignment with other jurisdictions that opposition figures and some experts dispute.