65 (1) This Act does not apply to records placed in the archives of an educational institution or the Archives of Ontario by or on behalf of a person or organization other than, (a) an institution as defined in this Act or in the Municipal Freedom of Information and Protection of Privacy Act; or (b) a health information custodian as defined in the Personal Health Information Protection Act, 2004.  2005, c. 28, Sched. F, s. 8 (1). (2) Repealed:  2004, c. 3, Sched. A, s. 81 (7). Idem (3) This Act does not apply to notes prepared by or for a person presiding in a proceeding in a court of Ontario if those notes are prepared for that person’s personal use in connection with the proceeding.  R.S.O. 1990, c. F.31, s. 65 (3). Same (3.1) This Act does not apply to personal notes, draft decisions, draft orders and communications related to draft decisions or draft orders that are created by or for a person who is acting in a quasi-judicial capacity. 2019, c. 7, Sched. 60, s. 9. Same (4) This Act does not apply to anything contained in a judge’s performance evaluation under section 51.11 of the Courts of Justice Act or to any information collected in connection with the evaluation.  1994, c. 12, s. 49. Same (5) This Act does not apply to a record of the Ontario Judicial Council, whether in the possession of the Judicial Council or of the Attorney General, if any of the following conditions apply: 1. The Judicial Council or its subcommittee has ordered that the record or information in the record not be disclosed or made public. 2. The Judicial Council has otherwise determined that the record is confidential. 3. The record was prepared in connection with a meeting or hearing of the Judicial Council that was not open to the public.  1994, c. 12, s. 49. Same (5.1) This Act does not apply to a record of a committee investigating a complaint against an associate judge under section 86.2 of the Courts of Justice Act, whether in the possession of the committee, the Chief Justice of the Superior Court of Justice, the Attorney General or any other person, if any of the following conditions apply: 1. The committee has ordered that the record or information in the record not be disclosed or made public. 2. The record was prepared in connection with the committee’s investigation of the complaint and the complaint was not dealt with in a manner that was open to the public.  1996, c. 25, s. 6; 2002, c. 18, Sched. K, s. 11; 2021, c. 4, Sched. 3, s. 22. Same (5.2) This Act does not apply to a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed.  2006, c. 34, Sched. C, s. 11. Same (5.3) This Act does not apply to the ecclesiastical records of a church or religious organization that is affiliated with an educational institution or a hospital.  2010, c. 25, s. 24 (17). Same (5.4) This Act does not apply to records that relate to the operations of a hospital foundation.  2010, c. 25, s. 24 (17). Same (5.5) This Act does not apply to the administrative records of a member of a health profession listed in Schedule 1 to the Regulated Health Professions Act, 1991 that relate to the member’s personal practice.  2010, c. 25, s. 24 (17). Same (5.6) This Act does not apply to records relating to charitable donations made to a hospital.  2010, c. 25, s. 24 (17). (5.7) Repealed: 2017, c. 19, Sched. 2, s. 1 (1). Same (6) Subject to subsection (7), this Act does not apply to records collected, prepared, maintained or used by or on behalf of an institution in relation to any of the following: 1. Proceedings or anticipated proceedings before a court, tribunal or other entity relating to labour relations or to the employment of a person by the institution. 2. Negotiations or anticipated negotiations relating to labour relations or to the employment of a person by the institution between the institution and a person, bargaining agent or party to a proceeding or an anticipated proceeding. 3. Meetings, consultations, discussions or communications about labour relations or employment-related matters in which the institution has an interest. 4. Meetings, consultations, discussions or communications about the appointment or placement of any individual by a church or religious organization within an institution, or within the church or religious organization. 5. Meetings, consultations, discussions or communications about applications for hospital appointments, the appointments or privileges of persons who have hospital privileges, and anything that forms part of the personnel file of those persons.  1995, c. 1, s. 82; 2010, c. 25, s. 24 (18). Exception (7) This Act applies to the following records: 1. An agreement between an institution and a trade union. 2. An agreement between an institution and one or more employees which ends a proceeding before a court, tribunal or other entity relating to labour relations or to employment-related matters. 3. An agreement between an institution and one or more employees resulting from negotiations about employment-related matters between the institution and the employee or employees. 4. An expense account submitted by an employee of an institution to that institution for the purpose of seeking reimbursement for expenses incurred by the employee in his or her employment.  1995, c. 1, s. 82. Information relating to adoptions (8) This Act does not apply with respect to the following: 1. Notices registered under section 48.3 of the Vital Statistics Act and notices and information registered under section 48.4 of that Act. 2. Disclosure vetoes registered under section 48.5 of the Vital Statistics Act. 3. Information and records in files that are unsealed under section 48.6 of that Act. 4.  Revoked: 2017, c. 14, Sched. 4, s. 14 (1). 2005, c. 25, s. 34; 2016, c. 23, s. 49 (2); 2017, c. 14, Sched. 4, s. 14 (1). Exception (8.1) This Act does not apply, (a) to a record respecting or associated with research conducted or proposed by an employee of an educational institution or by a person associated with an educational institution; (b) to a record of teaching materials collected, prepared or maintained by an employee of an educational institution or by a person associated with an educational institution for use at the educational institution; (c) to a record respecting or associated with research, including clinical trials, conducted or proposed by an employee of a hospital or by a person associated with a hospital; or (d) to a record of teaching materials collected, prepared or maintained by an employee of a hospital or by a person associated with a hospital for use at the hospital.  2005, c. 28, Sched. F, s. 8 (2); 2010, c. 25, s. 24 (19). Note: Subsection 65 (8.1) was enacted as subsection 65 (8) in source law, Statutes of Ontario, 2005, chapter 28, Schedule F, subsection 8 (2).  The subsection is renumbered in this consolidation to distinguish it from existing subsection 65 (8), enacted by Statutes of Ontario, 2005, chapter 25, section 34. Exception (9) Despite subsection (8.1), the head of the educational institution or hospital shall disclose the subject-matter and amount of funding being received with respect to the research referred to in that subsection.  2005, c. 28, Sched. F, s. 8 (2); 2010, c. 25, s. 24 (20). Application of Act (10) Despite subsection (8.1), this Act does apply to evaluative or opinion material compiled in respect of teaching materials or research only to the extent that is necessary for the purpose of subclause 49 (c.1) (i).  2005, c. 28, Sched. F, s. 8 (2). Non-application of Act (11) This Act does not apply to identifying information in a record relating to medical assistance in dying. 2017, c. 7, s. 3. Interpretation (12) In subsection (11), “identifying information” means information, (a) that relates to medical assistance in dying, and (b) that identifies an individual or facility, or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual or facility; (“renseignements identificatoires”) “medical assistance in dying” means medical assistance in dying within the meaning of section 241.1 of the Criminal Code
(Canada). (“aide médicale à mourir”) 2017, c. 7, s. 3. Non-application of Act, provision of abortion services (13) This Act does not apply to information relating to the provision of abortion services if, (a) the information identifies an individual or facility, or it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual or facility; or (b) disclosure of the information could reasonably be expected to threaten the health or safety of an individual, or the security of a facility or other building. 2017, c. 19, Sched. 2, s. 1 (2). Same, pharmacies (14) A reference in subsection (13) to a facility includes reference to a pharmacy, hospital pharmacy or institutional pharmacy, as those terms are defined in subsection 1 (1) of the Drug and Pharmacies Regulation Act. 2017, c. 19, Sched. 2, s. 1 (2). Related statistical information (15) For greater certainty, this Act applies to statistical or other information relating to the provision of abortion services that does not meet the conditions of clause (13) (a) or (b). 2017, c. 19, Sched. 2, s. 1 (2). Adjudicative records (16) This Act does not apply to adjudicative records, within the meaning of the Tribunal Adjudicative Records Act, 2019, referred to in subsection 2 (1) of that Act.  2019, c. 7, Sched. 60, s. 9. Queen’s Park restoration records (17) This Act does not apply to records prepared by the Assembly with respect to the Queen’s Park Restoration Project until 20 years after the Queen’s Park Restoration Secretariat Act, 2023 is repealed. 2023, c. 7, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 49 - 28/02/1995; 1995, c. 1, s. 82 - 10/11/1995; 1996, c. 25, s. 6 - 31/10/1996 2002, c. 18, Sched. K, s. 11 - 26/11/2002 2004, c. 3, Sched. A, s. 81 (6, 7) - 1/11/2004 2005, c. 25, s. 34 - 31/01/2007; 2005, c. 28, Sched. F, s. 8 (1, 2) - 10/06/2006 2006, c. 34, Sched. C, s. 11 - 1/04/2007 2010, c. 25, s. 24 (17-20) - 1/01/2012 2016, c. 23, s. 49 (2)
- 01/01/2017 2017, c. 7, s. 3
- 10/05/2017; 2017, c. 14, Sched. 4, s. 14 (1) - 30/04/2018 2017, c. 19, Sched. 2, s. 1 (1, 2) - 25/10/2017 2019, c. 7, Sched. 60, s. 9 - 30/06/2019 2021, c. 4, Sched. 3, s. 22 - 01/09/2021 2023, c. 7, Sched. 3, s. 1 - 31/07/2023