jswizzle3737/ontario_laws_and_regs huggingface dataset:
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.
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, 36, 44, 45 and 46 do not apply with respect to the Assembly.  2002, c. 34, Sched. B, s. 2. 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. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed and the following substituted: (See: 2014, c. 13, Sched. 4, ss. 8, 9) Definitions (3) In this section, “Opposition leader” has the same meaning as in section 1 of the Politicians’ Expenses Review Act, 2002; (“chef d’un parti de l’opposition”) “reviewable expense” means a reviewable expense as described in section 3 of the Politicians’ Expenses Review Act, 2002. (“dépense sujette à examen”) 2014, c. 13, Sched. 4, s. 8. Section Amendments with date in force (d/m/y) 2002, c. 34, Sched. B, s. 2 - 1/01/2003 2014, c. 13, Sched. 4, s. 8 - not in force
3 The Lieutenant Governor in Council may by order designate a minister of the Crown to be the responsible minister for the purposes of this Act.  R.S.O. 1990, c. F.31, s. 3.
4 (1) There shall be an Information and Privacy Commissioner who is an officer of the Assembly. 2018, c. 17, Sched. 19, s. 2. Appointment (2) The Assembly shall, by order, appoint the Information and Privacy Commissioner. 2018, c. 17, Sched. 19, s. 2. Selection by panel (3) Unless decided otherwise by unanimous consent of the Assembly, an order shall be made under subsection (2) only if the person to be appointed has been selected by unanimous agreement of a panel composed of one member of the Assembly from each recognized party, chaired by the Speaker who is a non-voting member. 2018, c. 17, Sched. 19, s. 2. Powers and duties (3.1) The Commissioner may exercise the powers and shall perform the duties prescribed by this or any other Act. 2018, c. 17, Sched. 19, s. 2. Assistant Commissioners (4) From the officers of the Commissioner’s staff, the Commissioner shall appoint one or two Assistant Commissioners and may appoint an Assistant Commissioner for Personal Health Information.  2004, c. 3, Sched. A, s. 81 (1). Section Amendments with date in force (d/m/y) 2004, c. 3, Sched. A, s. 81 (1) - 1/11/2004 2018, c. 17, Sched. 19, s. 2 - 06/12/2018
5 (1) The Commissioner shall hold office for a term of five years and may be reappointed for one further term of five years. 2018, c. 17, Sched. 19, s. 3. Selection by panel (2) Subsection 4 (3) applies with respect to a reappointment under subsection (1) of this section. 2018, c. 17, Sched. 19, s. 3. Continuation in office (3) By order of the Assembly, the Commissioner may continue to hold office after expiry of his or her term of office until a temporary Commissioner is appointed under section 7.2 or until a successor is appointed. 2018, c. 17, Sched. 19, s. 3. Transition (4) The Commissioner in office immediately before the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent is deemed to be in the first term of his or her appointment and shall continue to hold office for the remainder of the term. 2018, c. 17, Sched. 19, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 6, s. 2 - 25/04/1996 2006, c. 35, Sched. C, s. 47 (1) - 20/08/2007 2018, c. 17, Sched. 19, s. 3 - 06/12/2018
6 (1) The Assembly may, by order passed by a vote of at least two thirds of the members of the Assembly, remove or suspend the Commissioner from office for cause. 2018, c. 17, Sched. 19, s. 3. Suspension if Assembly not in session (2) If the Assembly is not in session, the Board of Internal Economy may on unanimous agreement suspend the Commissioner for cause. 2018, c. 17, Sched. 19, s. 3. Duration of suspension (3) A suspension under subsection (1) continues until revoked by order of the Assembly or until the Commissioner is removed from office pursuant to subsection (1). 2018, c. 17, Sched. 19, s. 3. Same (4) Unless the Board of Internal Economy revokes the suspension before the next sitting of the Assembly, a suspension under subsection (2) continues until revoked by order of the Assembly or until the Commissioner is removed from office pursuant to subsection (1). 2018, c. 17, Sched. 19, s. 3. Same (5) Despite subsection (4), no suspension imposed under subsection (2) continues past the 20th sessional day of the next sitting of the Assembly. 2018, c. 17, Sched. 19, s. 3. Report to Assembly (6) The Board of Internal Economy shall report to the Assembly any action taken under subsections (2) and (4) at the earliest opportunity of the next sitting of the Assembly. 2018, c. 17, Sched. 19, s. 3. Meaning of “not in session” (7) For the purposes of this section and sections 7.2 and 7.4, the Assembly is not in session when it is, (a) prorogued; or (b) adjourned for an indefinite period or to a day that is more than seven days after the date on which the Assembly was adjourned. 2018, c. 17, Sched. 19, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 6, s. 3 - 25/04/1996 2018, c. 17, Sched. 19, s. 3 - 06/12/2018
7 (1) The Board of Internal Economy shall determine the salary and benefits of the Commissioner. 2018, c. 17, Sched. 19, s. 3. Pension plan (2) Subject to subsections (3) and (4), the Commissioner is a member of the Public Service Pension Plan. 2018, c. 17, Sched. 19, s. 3. Notice re pension plan (3) Within 60 days after his or her appointment takes effect, the Commissioner may notify the Speaker in writing that he or she elects not to be a member of the Public Service Pension Plan. 2018, c. 17, Sched. 19, s. 3. Same (4) If the Commissioner gives notice of their election to the Speaker in accordance with subsection (3), the election is irrevocable and is deemed to have taken effect when the appointment took effect. 2018, c. 17, Sched. 19, s. 3. Expenses (5) Subject to the approval of the Board of Internal Economy, the Commissioner is entitled to be reimbursed for reasonable expenses that he or she incurs in respect of anything done under this Act. 2018, c. 17, Sched. 19, s. 3. Transition (6) The salary and expenses of the Commissioner in office immediately before the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent continue to be determined in accordance with subsections 6 (1) to (3) of this Act, as they read immediately before that day, for the remainder of the Commissioner’s term of office. 2018, c. 17, Sched. 19, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 19, s. 3 - 06/12/2018
7.1 (1) The Commissioner shall designate an individual from among the employees of the office of the Commissioner who shall have the powers and duties of the Commissioner if the Commissioner is absent or unable to fulfil the duties of his or her office or if the office becomes vacant. 2018, c. 17, Sched. 19, s. 3. Designation in writing (2) A designation under subsection (1) shall be in writing to the Speaker. 2018, c. 17, Sched. 19, s. 3. Powers and duties (3) The individual designated under subsection (1) shall have the powers and duties of the Commissioner unless a temporary Commissioner is appointed under section 7.2. 2018, c. 17, Sched. 19, s. 3. Salary (4) The Board of Internal Economy may increase the salary of an individual who assumes the powers and duties of the Commissioner under subsection (1) in such circumstances as the Board considers appropriate. 2018, c. 17, Sched. 19, s. 3. Removal or suspension (5) Section 6 applies in respect of an individual who assumes the powers and duties of the Commissioner under subsection (1). 2018, c. 17, Sched. 19, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 19, s. 3 - 06/12/2018
7.2 (1) If the Commissioner is unable to fulfil the duties of his or her office or the office becomes vacant, the Assembly may, by order, appoint a temporary Commissioner. 2018, c. 17, Sched. 19, s. 3. Same, conditions (2) An order shall be made under subsection (1) only if, (a) the Commissioner, (i) has not made a designation under subsection 7.1 (1), or (ii) has made a designation under subsection 7.1 (1), but, (A) the Commissioner has been removed or suspended under section 6, or (B) the person designated is unable or unwilling to act or has been removed or suspended under section 6; and (b) unless decided otherwise by unanimous consent of the Assembly, the person to be appointed has been selected by unanimous agreement of a panel composed of one member of the Assembly from each recognized party, chaired by the Speaker who is a non-voting member. 2018, c. 17, Sched. 19, s. 3. Appointment if Assembly not in session (3) If, while the Assembly is not in session, the Commissioner is unable to fulfil the duties of his or her office or the office becomes vacant, the Board of Internal Economy may appoint a temporary Commissioner. 2018, c. 17, Sched. 19, s. 3. Same (4) Clause (2) (a) applies with respect to an appointment under subsection (3). 2018, c. 17, Sched. 19, s. 3. Powers, salary and benefits (5) A temporary Commissioner shall have the powers and duties of the Commissioner and shall be paid a salary and benefits determined by the Board of Internal Economy and, subject to the approval of the Board, be reimbursed for reasonable expenses that he or she incurs in respect of anything done under this Act. 2018, c. 17, Sched. 19, s. 3. Duration of office (6) A temporary Commissioner shall hold office until, (a) the Commissioner is able to fulfil the duties of the office, where the appointment resulted from the Commissioner being unable to do so; (b) where the appointment resulted from a suspension of the Commissioner, the suspension is revoked by order of the Assembly, by the Board of Internal Economy under subsection 6 (4) or by operation of subsection 6 (5); (c) the Assembly appoints a different temporary Commissioner under subsection (1); or (d) the Assembly appoints a Commissioner under section 4. 2018, c. 17, Sched. 19, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 19, s. 3 - 06/12/2018
7.3 A person who continues his or her first term as Commissioner under subsection 5 (3) or who is appointed as an Assistant Commissioner or temporary Commissioner is not prohibited from a subsequent appointment as Commissioner under section 4 and, in the case of such an appointment, the previous time in office does not count toward the term of office set out in subsection 5 (1). 2018, c. 17, Sched. 19, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 19, s. 3 - 06/12/2018
7.4 (1) The Commissioner shall not be a member of the Assembly and shall not, without prior approval by the Assembly, or by the Board of Internal Economy when the Assembly is not in session, hold any other office or employment. 2018, c. 17, Sched. 19, s. 3. Exception (2) Despite subsection (1), the Commissioner may hold more than one office to which he or she has been appointed by the Assembly or the Board of Internal Economy. 2018, c. 17, Sched. 19, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 19, s. 3 - 06/12/2018
7.5 (1) Before beginning the duties of his or her office, the Commissioner shall take an oath or affirmation that he or she will faithfully and impartially exercise the functions of the office. 2018, c. 17, Sched. 19, s. 3. Same (2) The Speaker or the Clerk of the Assembly shall administer the oath or affirmation. 2018, c. 17, Sched. 19, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 19, s. 3 - 06/12/2018
7.6 (1) The Commissioner holds office for a fixed term. 2018, c. 17, Sched. 19, s. 3. Notice not required (2) No notice to the Commissioner is required before the expiry of the Commissioner’s term of office. 2018, c. 17, Sched. 19, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 19, s. 3 - 06/12/2018
7.7 (1) No cause of action arises, no proceeding may be brought and no remedy is available or damages, costs or compensation payable in connection with any amendment made by Schedule 19 to the Restoring Trust, Transparency and Accountability Act, 2018 to this Act or anything done or not done in accordance with those amendments. 2018, c. 17, Sched. 19, s. 3. Same (2) Subsection (1) applies whether the cause of action on which a proceeding is based arose before or after the day that subsection comes into force. 2018, c. 17, Sched. 19, s. 3. Proceedings set aside (3) Any proceeding referred to in subsection (1) commenced before the day that subsection comes into force is deemed to have been dismissed, without costs, on that day. 2018, c. 17, Sched. 19, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 19, s. 3 - 06/12/2018
8 (1) Subject to the approval of the Board of Internal Economy, the Commissioner may employ mediators and any other officers and employees the Commissioner considers necessary for the efficient operation of the office and may determine their salary and remuneration and terms and conditions of employment.  R.S.O. 1990, c. F.31, s. 8 (1); 2018, c. 17, Sched. 19, s. 4. Benefits (2) The benefits determined under Part III of the Public Service of Ontario Act, 2006 with respect to the following matters for public servants employed under that Part to work in a ministry, other than in a minister’s office, who are not within a bargaining unit apply to the employees of the office of the Commissioner: 1. Cumulative vacation and sick leave credits for regular attendance and payments in respect of such credits. 2. Plans for group life insurance, medical-surgical insurance or long-term income protection. 3. The granting of leaves of absence.  2006, c. 35, Sched. C, s. 47 (2). Same (2.1) For the purposes of subsection (2), if a benefit applicable to an employee of the office of the Commissioner is contingent on the exercise of a discretionary power or the performance of a discretionary function, the power may be exercised or the function may be performed by the Commissioner or any person authorized in writing by the Commissioner.  2006, c. 35, Sched. C, s. 47 (2). Public Service Pension Plan (3) The Commissioner shall be deemed to have been designated by the Lieutenant Governor in Council under the Public Service Pension Act as a commission whose permanent and probationary staff are required to be members of the Public Service Pension Plan.  R.S.O. 1990, c. F.31, s. 8 (3). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 47 (2) - 20/08/2007 2018, c. 17, Sched. 19, s. 4 - 06/12/2018 Financial
9 (1) The Commissioner may lease any premises and acquire any equipment and supplies necessary for the efficient operation of the office of the Commissioner.  R.S.O. 1990, c. F.31, s. 9 (1). Audit (2) The accounts and financial transactions of the office of the Commissioner shall be audited annually by the Auditor General.  R.S.O. 1990, c. F.31, s. 9 (2); 2004, c. 17, s. 32. Section Amendments with date in force (d/m/y) 2004, c. 17, s. 32 - 30/11/2004 PART II   FREEDOM OF INFORMATION Access to Records
10 (1) Subject to subsections (1.1) and 69 (2), every person has a right of access to a record or a part of a record in the custody or under the control of an institution unless, (a) the record or the part of the record falls within one of the exemptions under sections 12 to 22; or (b) the head is of the opinion on reasonable grounds that the request for access is frivolous or vexatious.  1996, c. 1, Sched. K, s. 1; 2010, c. 25, s. 24 (6); 2019, c. 7, Sched. 31, s. 1 (1). Part III.1 records (1.1) Subsection (1) does not apply to personal information collected under Part III.1 (Data Integration) or to records produced from that information under that Part that are not de-identified. 2019, c. 7, Sched. 31, s. 1 (2). Severability of record (2) If an institution receives a request for access to a record that contains information that falls within one of the exemptions under sections 12 to 22 and the head of the institution is not of the opinion that the request is frivolous or vexatious, the head shall disclose as much of the record as can reasonably be severed without disclosing the information that falls under one of the exemptions.  1996, c. 1, Sched. K, s. 1. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. K, s. 1 - 30/01/1996 2010, c. 25, s. 24 (6) - 1/01/2012 2019, c. 7, Sched. 31, s. 1 (1, 2) - 04/11/2019
10.1 Every head of an institution shall ensure that reasonable measures respecting the records in the custody or under the control of the institution are developed, documented and put into place to preserve the records in accordance with any recordkeeping or records retention requirements, rules or policies, whether established under an Act or otherwise, that apply to the institution. 2014, c. 13, Sched. 6, s. 1. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 6, s. 1 - 1/01/2016
11 (1) Despite any other provision of this Act, a head shall, as soon as practicable, disclose any record to the public or persons affected if the head has reasonable and probable grounds to believe that it is in the public interest to do so and that the record reveals a grave environmental, health or safety hazard to the public.  R.S.O. 1990, c. F.31, s. 11 (1). Notice (2) Before disclosing a record under subsection (1), the head shall cause notice to be given to any person to whom the information in the record relates, if it is practicable to do so.  R.S.O. 1990, c. F.31, s. 11 (2). Contents of notice (3) The notice shall contain, (a) a statement that the head intends to release a record or a part of a record that may affect the interests of the person; (b) a description of the contents of the record or part that relate to the person; and (c) a statement that if the person makes representations forthwith to the head as to why the record or part thereof should not be disclosed, those representations will be considered by the head.  R.S.O. 1990, c. F.31, s. 11 (3). Representations (4) A person who is given notice under subsection (2) may make representations forthwith to the head concerning why the record or part should not be disclosed.  R.S.O. 1990, c. F.31, s. 11 (4). Exemptions
12 (1) A head shall refuse to disclose a record where the disclosure would reveal the substance of deliberations of the Executive Council or its committees, including, (a) an agenda, minute or other record of the deliberations or decisions of the Executive Council or its committees; (b) a record containing policy options or recommendations submitted, or prepared for submission, to the Executive Council or its committees; (c) a record that does not contain policy options or recommendations referred to in clause (b) and that does contain background explanations or analyses of problems submitted, or prepared for submission, to the Executive Council or its committees for their consideration in making decisions, before those decisions are made and implemented; (d) a record used for or reflecting consultation among ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy; (e) a record prepared to brief a minister of the Crown in relation to matters that are before or are proposed to be brought before the Executive Council or its committees, or are the subject of consultations among ministers relating to government decisions or the formulation of government policy; and (f) draft legislation or regulations.  R.S.O. 1990, c. F.31, s. 12 (1). Exception (2) Despite subsection (1), a head shall not refuse under subsection (1) to disclose a record where, (a) the record is more than twenty years old; or (b) the Executive Council for which, or in respect of which, the record has been prepared consents to access being given.  R.S.O. 1990, c. F.31, s. 12 (2).
13 (1) A head may refuse to disclose a record where the disclosure would reveal advice or recommendations of a public servant, any other person employed in the service of an institution or a consultant retained by an institution.  R.S.O. 1990, c. F.31, s. 13 (1). Exception (2) Despite subsection (1), a head shall not refuse under subsection (1) to disclose a record that contains, (a) factual material; (b) a statistical survey; (c) a report by a valuator, whether or not the valuator is an officer of the institution; (d) an environmental impact statement or similar record; (e) a report of a test carried out on a product for the purpose of government equipment testing or a consumer test report; (f) a report or study on the performance or efficiency of an institution, whether the report or study is of a general nature or is in respect of a particular program or policy; (g) a feasibility study or other technical study, including a cost estimate, relating to a government policy or project; (h) a report containing the results of field research undertaken before the formulation of a policy proposal; (i) a final plan or proposal to change a program of an institution, or for the establishment of a new program, including a budgetary estimate for the program, whether or not the plan or proposal is subject to approval, unless the plan or proposal is to be submitted to the Executive Council or its committees; (j) a report of an interdepartmental committee task force or similar body, or of a committee or task force within an institution, which has been established for the purpose of preparing a report on a particular topic, unless the report is to be submitted to the Executive Council or its committees; (k) a report of a committee, council or other body which is attached to an institution and which has been established for the purpose of undertaking inquiries and making reports or recommendations to the institution; (l) the reasons for a final decision, order or ruling of an officer of the institution made during or at the conclusion of the exercise of discretionary power conferred by or under an enactment or scheme administered by the institution, whether or not the enactment or scheme allows an appeal to be taken against the decision, order or ruling, whether or not the reasons, (i) are contained in an internal memorandum of the institution or in a letter addressed by an officer or employee of the institution to a named person, or (ii) were given by the officer who made the decision, order or ruling or were incorporated by reference into the decision, order or ruling.  R.S.O. 1990, c. F.31, s. 13 (2). Idem (3) Despite subsection (1), a head shall not refuse under subsection (1) to disclose a record where the record is more than twenty years old or where the head has publicly cited the record as the basis for making a decision or formulating a policy.  R.S.O. 1990, c. F.31, s. 13 (3); 2016, c. 5, Sched. 10, s. 1. Section Amendments with date in force (d/m/y) 2016, c. 5, Sched. 10, s. 1 - 19/04/2016
14.1 A head may refuse to disclose a record and may refuse to confirm or deny the existence of a record if disclosure of the record could reasonably be expected to interfere with the ability of the Attorney General to determine whether a proceeding should be commenced under the Civil Remedies Act, 2001, conduct a proceeding under that Act or enforce an order made under that Act.  2001, c. 28, s. 22 (1); 2002, c. 18, Sched. K, s. 2; 2007, c. 13, s. 43 (1). Section Amendments with date in force (d/m/y) 2001, c. 28, s. 22 (1) - 12/04/2002 2002, c. 18, Sched. K, s. 2 - 26/11/2002 2007, c. 13, s. 43 (1) - 4/06/2007 Prohibiting Profiting from Recounting Crimes Act, 2002 14.2 A head may refuse to disclose a record and may refuse to confirm or deny the existence of a record if disclosure of the record could reasonably be expected to interfere with the ability of the Attorney General to determine whether a proceeding should be commenced under the Prohibiting Profiting from Recounting Crimes Act, 2002, conduct a proceeding under that Act or enforce an order made under that Act.  2002, c. 2, ss. 15 (1), 19 (4); 2002, c. 18, Sched. K, s. 3. Section Amendments with date in force (d/m/y) 2002, c. 2, s. 15 (1) - 1/07/2003; 2002, c. 18, Sched. K, s. 3 - 26/11/2002
14.2 A head may refuse to disclose a record and may refuse to confirm or deny the existence of a record if disclosure of the record could reasonably be expected to interfere with the ability of the Attorney General to determine whether a proceeding should be commenced under the Prohibiting Profiting from Recounting Crimes Act, 2002, conduct a proceeding under that Act or enforce an order made under that Act.  2002, c. 2, ss. 15 (1), 19 (4); 2002, c. 18, Sched. K, s. 3. Section Amendments with date in force (d/m/y) 2002, c. 2, s. 15 (1) - 1/07/2003; 2002, c. 18, Sched. K, s. 3 - 26/11/2002
15 A head may refuse to disclose a record where the disclosure could reasonably be expected to, (a) prejudice the conduct of intergovernmental relations by the Government of Ontario or an institution; (b) reveal information received in confidence from another government or its agencies by an institution; or (c) reveal information received in confidence from an international organization of states or a body thereof by an institution, and shall not disclose any such record without the prior approval of the Executive Council.  R.S.O. 1990, c. F.31, s. 15; 2002, c. 18, Sched. K, s. 4. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. K, s. 4 - 26/11/2002
15.1 (1) A head may refuse to disclose a record where the disclosure could reasonably be expected to, (a) prejudice the conduct of relations between an Aboriginal community and the Government of Ontario or an institution; or (b) reveal information received in confidence from an Aboriginal community by an institution. 2017, c. 8, Sched. 13, s. 1. Definition (2) In this section, “Aboriginal community” means, (a) a band within the meaning of the Indian Act (Canada), (b) an Aboriginal organization or community that is negotiating or has negotiated with the Government of Canada or the Government of Ontario on matters relating to, (i) Aboriginal or treaty rights under section 35 of the Constitution Act, 1982, or (ii) a treaty, land claim or self-government agreement, and (c) any other Aboriginal organization or community prescribed by the regulations. 2017, c. 8, Sched. 13, s. 1. Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 13, s. 1 - 09/03/2018
16 A head may refuse to disclose a record where the disclosure could reasonably be expected to prejudice the defence of Canada or of any foreign state allied or associated with Canada or be injurious to the detection, prevention or suppression of espionage, sabotage or terrorism and shall not disclose any such record without the prior approval of the Executive Council.  R.S.O. 1990, c. F.31, s. 16; 2002, c. 18, Sched. K, s. 5. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. K, s. 5 - 26/11/2002
17 (1) A head shall refuse to disclose a record that reveals a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence implicitly or explicitly, where the disclosure could reasonably be expected to, (a) prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; (b) result in similar information no longer being supplied to the institution where it is in the public interest that similar information continue to be so supplied; (c) result in undue loss or gain to any person, group, committee or financial institution or agency; or (d) reveal information supplied to or the report of a conciliation officer, mediator, labour relations officer or other person appointed to resolve a labour relations dispute.  R.S.O. 1990, c. F.31, s. 17 (1); 2002, c. 18, Sched. K, s. 6; 2017, c. 8, Sched. 13, s. 2. Tax information (2) A head shall refuse to disclose a record that reveals information that was obtained on a tax return or gathered for the purpose of determining tax liability or collecting a tax.  R.S.O. 1990, c. F.31, s. 17 (2). Consent to disclosure (3) A head may disclose a record described in subsection (1) or (2) if the person to whom the information relates consents to the disclosure.  R.S.O. 1990, c. F.31, s. 17 (3). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. K, s. 6 - 26/11/2002 2017, c. 8, Sched. 13, s. 2 - 17/05/2017
18 (1) A head may refuse to disclose a record that contains, (a) trade secrets or financial, commercial, scientific or technical information that belongs to the Government of Ontario or an institution and has monetary value or potential monetary value; (b) information obtained through research by an employee of an institution where the disclosure could reasonably be expected to deprive the employee of priority of publication; (c) information where the disclosure could reasonably be expected to prejudice the economic interests of an institution or the competitive position of an institution; (d) information where the disclosure could reasonably be expected to be injurious to the financial interests of the Government of Ontario or the ability of the Government of Ontario to manage the economy of Ontario; (e) positions, plans, procedures, criteria or instructions to be applied to any negotiations carried on or to be carried on by or on behalf of an institution or the Government of Ontario; (f) plans relating to the management of personnel or the administration of an institution that have not yet been put into operation or made public; (g) information including the proposed plans, policies or projects of an institution where the disclosure could reasonably be expected to result in premature disclosure of a pending policy decision or undue financial benefit or loss to a person; (h) information relating to specific tests or testing procedures or techniques that are to be used for an educational purpose, if disclosure could reasonably be expected to prejudice the use or results of the tests or testing procedures or techniques; (i) submissions in respect of a matter under the Municipal Boundary Negotiations Act commenced before its repeal by the Municipal Act, 2001, by a party municipality or other body before the matter is resolved; (j) information provided in confidence to, or records prepared with the expectation of confidentiality by, a hospital committee to assess or evaluate the quality of health care and directly related programs and services provided by a hospital, if the assessment or evaluation is for the purpose of improving that care and the programs and services.  R.S.O. 1990, c. F.31, s. 18 (1); 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. K, s. 7; 2005, c. 28, Sched. F, s. 2; 2011, c. 9, Sched. 15, s. 1. Exception (2) A head shall not refuse under subsection (1) to disclose a record that contains the results of product or environmental testing carried out by or for an institution, unless, (a) the testing was done as a service to a person, a group of persons or an organization other than an institution and for a fee; or (b) the testing was conducted as preliminary or experimental tests for the purpose of developing methods of testing.  R.S.O. 1990, c. F.31, s. 18 (2). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 1/01/2003; 2002, c. 18, Sched. K, s. 7 (1-4) - 26/11/2002 2005, c. 28, Sched. F, s. 2 - 10/06/2006 2011, c. 9, Sched. 15, s. 1 - 1/01/2012
18.1 (1) A head may refuse to disclose a record that reveals the substance of deliberations of a meeting of the governing body or a committee of the governing body of an educational institution or a hospital if a statute authorizes holding the meeting in the absence of the public and the subject-matter of the meeting, (a) is a draft of a by-law, resolution or legislation; or (b) is litigation or possible litigation.  2005, c. 28, Sched. F, s. 3; 2010, c. 25, s. 24 (7). Exception (2) Despite subsection (1), the head shall not refuse to disclose a record under subsection (1) if, (a) the information is not held confidentially; (b) the subject-matter of the deliberations has been considered in a meeting open to the public; or (c) the record is more than 20 years old.  2005, c. 28, Sched. F, s. 3. Application of Act (3) The exemption in subsection (1) is in addition to any other exemptions in this Act.  2005, c. 28, Sched. F, s. 3. Section Amendments with date in force (d/m/y) 2005, c. 28, Sched. F, s. 3 - 10/06/2006 2010, c. 25, s. 24 (7) - 1/01/2012
19 A head may refuse to disclose a record, (a) that is subject to solicitor-client privilege; (b) that was prepared by or for Crown counsel for use in giving legal advice or in contemplation of or for use in litigation; or (c) that was prepared by or for counsel employed or retained by an educational institution or a hospital for use in giving legal advice or in contemplation of or for use in litigation.  2005, c. 28, Sched. F, s. 4; 2010, c. 25, s. 24 (8). Section Amendments with date in force (d/m/y) 2005, c. 28, Sched. F, s. 4 - 10/06/2006 2010, c. 25, s. 24 (8) - 1/01/2012
20 A head may refuse to disclose a record where the disclosure could reasonably be expected to seriously threaten the safety or health of an individual.  R.S.O. 1990, c. F.31, s. 20; 2002, c. 18, Sched. K, s. 8. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. K, s. 8 - 26/11/2002
21.1 A head may refuse to disclose a record where the disclosure could reasonably be expected to lead to, (a) killing, harming, harassing, capturing or taking a living member of a species, contrary to clause 9 (1) (a) of the Endangered Species Act, 2007; (b) possessing, transporting, collecting, buying, selling, leasing, trading or offering to buy, sell, lease or trade a living or dead member of a species, any part of a living or dead member of a species, or anything derived from a living or dead member of a species, contrary to clause 9 (1) (b) of the Endangered Species Act, 2007; or (c) damaging or destroying the habitat of a species, contrary to clause 10 (1) (a) or (b) of the Endangered Species Act, 2007.  2007, c. 6, s. 61. Section Amendments with date in force (d/m/y) 1997, c. 41, s. 118 (1) - 1/01/1999 2002, c. 18, Sched. K, s. 9 - 26/11/2002 2007, c. 6, s. 61 - 30/06/2008
22 A head may refuse to disclose a record where, (a) the record or the information contained in the record has been published or is currently available to the public; or (b) the head believes on reasonable grounds that the record or the information contained in the record will be published by an institution within ninety days after the request is made or within such further period of time as may be necessary for printing or translating the material for the purpose of printing it.  R.S.O. 1990, c. F.31, s. 22.
23 An exemption from disclosure of a record under sections 13, 15, 15.1, 17, 18, 20, 21 and 21.1 does not apply where a compelling public interest in the disclosure of the record clearly outweighs the purpose of the exemption.  R.S.O. 1990, c. F.31, s. 23; 1997, c. 41, s. 118 (2); 2017, c. 8, Sched. 13, s. 3. Section Amendments with date in force (d/m/y) 1997, c. 41, s. 118 (2) - 1/01/1999 2017, c. 8, Sched. 13, s. 3 - 09/03/2018 Access Procedure
24 (1) A person seeking access to a record shall, (a) make a request in writing to the institution that the person believes has custody or control of the record, and specify that the request is being made under this Act; (b) provide sufficient detail to enable an experienced employee of the institution, upon a reasonable effort, to identify the record; and (c) at the time of making the request, pay the fee prescribed by the regulations for that purpose.  1996, c. 1, Sched. K, s. 2; 2017, c. 2, Sched. 12, s. 4 (1). Frivolous request (1.1) If the head of the institution is of the opinion on reasonable grounds that the request is frivolous or vexatious, subsections (2) to (5) do not apply to the request.  1996, c. 1, Sched. K, s. 2. Sufficiency of detail (2) If the request does not sufficiently describe the record sought, the institution shall inform the applicant of the defect and shall offer assistance in reformulating the request so as to comply with subsection (1).  R.S.O. 1990, c. F.31, s. 24 (2). Request for continuing access to record (3) The applicant may indicate in the request that it shall, if granted, continue to have effect for a specified period of up to two years.  R.S.O. 1990, c. F.31, s. 24 (3). Institution to provide schedule (4) When a request that is to continue to have effect is granted, the institution shall provide the applicant with, (a) a schedule showing dates in the specified period on which the request shall be deemed to have been received again, and explaining why those dates were chosen; and (b) a statement that the applicant may ask the Commissioner to review the schedule.  R.S.O. 1990, c. F.31, s. 24 (4). Act applies as if new requests were being made (5) This Act applies as if a new request were being made on each of the dates shown in the schedule.  R.S.O. 1990, c. F.31, s. 24 (5). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. K, s. 2 - 30/01/1996 2017, c. 2, Sched. 12, s. 4 (1) - 22/03/2017
25 (1) Where an institution receives a request for access to a record that the institution does not have in its custody or under its control, the head shall make all necessary inquiries to determine whether another institution has custody or control of the record, and where the head determines that another institution has custody or control of the record, the head shall within fifteen days after the request is received, (a) forward the request to the other institution; and (b) give written notice to the person who made the request that it has been forwarded to the other institution.  R.S.O. 1990, c. F.31, s. 25 (1). Transfer of request (2) Where an institution receives a request for access to a record and the head considers that another institution has a greater interest in the record, the head may transfer the request and, if necessary, the record to the other institution, within fifteen days after the request is received, in which case the head transferring the request shall give written notice of the transfer to the person who made the request.  R.S.O. 1990, c. F.31, s. 25 (2). Greater interest (3) For the purpose of subsection (2), another institution has a greater interest in a record than the institution that receives the request for access if, (a) the record was originally produced in or for the other institution; or (b) in the case of a record not originally produced in or for an institution, the other institution was the first institution to receive the record or a copy thereof.  R.S.O. 1990, c. F.31, s. 25 (3). When transferred request deemed made (4) Where a request is forwarded or transferred under subsection (1) or (2), the request shall be deemed to have been made to the institution to which it is forwarded or transferred on the day the institution to which the request was originally made received it.  R.S.O. 1990, c. F.31, s. 25 (4). Institution (5) In this section, “institution” includes an institution as defined in section 2 of the Municipal Freedom of Information and Protection of Privacy Act.  R.S.O. 1990, c. F.31, s. 25 (5).
26 Where a person requests access to a record, the head of the institution to which the request is made or if a request is forwarded or transferred under section 25, the head of the institution to which it is forwarded or transferred, shall, subject to sections 27, 28 and 57, within thirty days after the request is received, (a) give written notice to the person who made the request as to whether or not access to the record or a part thereof will be given; and (b) if access is to be given, give the person who made the request access to the record or part thereof, and where necessary for the purpose cause the record to be produced.  R.S.O. 1990, c. F.31, s. 26; 1996, c. 1, Sched. K, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. K, s. 3 - 30/01/1996
27 (1) A head may extend the time limit set out in section 26 for a period of time that is reasonable in the circumstances, where, (a) the request is for a large number of records or necessitates a search through a large number of records and meeting the time limit would unreasonably interfere with the operations of the institution; or (b) consultations with a person outside the institution are necessary to comply with the request and cannot reasonably be completed within the time limit.  R.S.O. 1990, c. F.31, s. 27 (1). Notice of extension (2) Where a head extends the time limit under subsection (1), the head shall give the person who made the request written notice of the extension setting out, (a) the length of the extension; (b) the reason for the extension; and (c) that the person who made the request may ask the Commissioner to review the extension.  R.S.O. 1990, c. F.31, s. 27 (2).
27.1 (1) A head who refuses to give access to a record or a part of a record because the head is of the opinion that the request for access is frivolous or vexatious, shall state in the notice given under section 26, (a) that the request is refused because the head is of the opinion that the request is frivolous or vexatious; (b) the reasons for which the head is of the opinion that the request is frivolous or vexatious; and (c) that the person who made the request may appeal to the Commissioner under subsection 50 (1) for a review of the decision.  1996, c. 1, Sched. K, s. 4. Non-application (2) Sections 28 and 29 do not apply to a head who gives a notice for the purpose of subsection (1).  1996, c. 1, Sched. K, s. 4. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. K, s. 4 - 30/01/1996
29 (1) Notice of refusal to give access to a record or a part thereof under section 26 shall set out, (a) where there is no such record, (i) that there is no such record, and (ii) that the person who made the request may appeal to the Commissioner the question of whether such a record exists; or (b) where there is such a record, (i) the specific provision of this Act under which access is refused, (ii) the reason the provision applies to the record, (iii) the name and position of the person responsible for making the decision, and (iv) that the person who made the request may appeal to the Commissioner for a review of the decision.  R.S.O. 1990, c. F.31, s. 29 (1). Same (2) Where a head refuses to confirm or deny the existence of a record as provided in subsection 14 (3) (law enforcement), section 14.1 (Civil Remedies Act, 2001), section 14.2 (Prohibiting Profiting from Recounting Crimes Act, 2002) or subsection 21 (5) (unjustified invasion of personal privacy), the head shall state in the notice given under section 26, (a) that the head refuses to confirm or deny the existence of the record; (b) the provision of this Act on which the refusal is based; (c) the name and office of the person responsible for making the decision; and (d) that the person who made the request may appeal to the Commissioner for a review of the decision.  R.S.O. 1990, c. F.31, s. 29 (2); 2001, c. 28, s. 22 (2); 2002, c. 2, ss. 15 (2), 19 (5); 2007, c. 13, s. 43 (2). Idem (3) Where a head refuses to disclose a record or part thereof under subsection 28 (7), the head shall state in the notice given under subsection 28 (7), (a) the specific provision of this Act under which access is refused; (b) the reason the provision named in clause (a) applies to the record; (c) the name and office of the person responsible for making the decision to refuse access; and (d) that the person who made the request may appeal to the Commissioner for a review of the decision.  R.S.O. 1990, c. F.31, s. 29 (3). Description (3.1) If a request for access covers more than one record, the statement in a notice under this section of a reason mentioned in subclause (1) (b) (ii) or clause (3) (b) may refer to a summary of the categories of the records requested if it provides sufficient detail to identify them.  1996, c. 1, Sched. K, s. 6. Deemed refusal (4) A head who fails to give the notice required under section 26 or subsection 28 (7) concerning a record shall be deemed to have given notice of refusal to give access to the record on the last day of the period during which notice should have been given.  R.S.O. 1990, c. F.31, s. 29 (4). Section Amendments with date in force (d/m/y) 1996, c. 1, s. 1 (1), Sched. K, s. 6 - 30/01/1996 2001, c. 28, s. 22 (2) - 12/04/2002 2002, c. 2, s. 15 (2) - 1/07/2003; 2002, c. 2, s. 19 (5) - 1/07/2003 2007, c. 13, s. 43 (2) - 4/06/2007
30 (1) Subject to subsection (2), a person who is given access to a record or a part thereof under this Act shall be given a copy thereof unless it would not be reasonably practicable to reproduce the record or part thereof by reason of its length or nature, in which case the person shall be given an opportunity to examine the record or part thereof in accordance with the regulations.  R.S.O. 1990, c. F.31, s. 30 (1). Access to original record (2) Where a person requests the opportunity to examine a record or a part thereof and it is reasonably practicable to give the person that opportunity, the head shall allow the person to examine the record or part thereof in accordance with the regulations.  R.S.O. 1990, c. F.31, s. 30 (2). Copy of part (3) Where a person examines a record or a part thereof and wishes to have portions of it copied, the person shall be given a copy of those portions unless it would not be reasonably practicable to reproduce them by reason of their length or nature.  R.S.O. 1990, c. F.31, s. 30 (3). Information to be Published or Available
31 The responsible minister shall cause to be published annually a compilation listing all institutions and, in respect of each institution, setting out, (a) where a request for a record should be made; (b) the name and office of the head of the institution; (c) where the material referred to in sections 32, 33, 34 and 45 has been made available; and (d) whether the institution has a library or reading room which is available for public use, and if so, its address.  R.S.O. 1990, c. F.31, s. 31.
32 The responsible minister shall cause to be published annually an indexed compilation containing, (a) a description of the organization and responsibilities of each institution including details of the programs and functions of each division or branch of each institution; (b) a list of the general classes or types of records prepared by or in the custody or control of each institution; (c) the title, business telephone number and business address of the head of each institution; and (d) any amendment of information referred to in clause (a), (b) or (c) that has been made available in accordance with this section.  R.S.O. 1990, c. F.31, s. 32.