Ontario to make premier, cabinet ministers’ records secret as it tightens FOI laws

Ontario is set to make Premier Doug Ford and cabinet members’ records secret as it “modernizes” freedom-of-information (FOI) laws.

Speaking Friday morning at Queen’s Park, Procurement Minister Stephen Crawford said changes to the Freedom of Information and Protection of Privacy Act (FIPPA), which will be introduced when the legislature resumes later this month, will help protect cabinet confidentiality.

“Any interactions of the executive council members amongst themselves will be confidential, and I think that’s in the best interest of the people so that we can have candid conversations, important discussions without any potential blowback,” Crawford responded while being grilled by journalists about the controversial change.

“Governments make important decisions … many of those decisions need to be in cabinet confidence,” he added.

He stressed that Ontario is currently one of only two jurisdictions in Canada (the other being Nova Scotia) without explicit protections for records belonging to cabinet ministers or their offices.

“This will apply retroactively,” he added, prompting a reporter to ask if the government is trying to “hide” something.

Crawford responded by saying this is “one of the most transparent governments in the history of Ontario.” He argued that the FIPPA has not been updated in nearly 40 years and was designed before email, mobile devices and cloud-based systems changed the digital landscape.

“It no longer matches how government works or how people expect their information to be protected,” he maintained.

Ontario NDP Leader Marit Stiles offered a blunt assessment of the province’s plans.

“This is bullshit,” she wrote in a social media post. “Doug Ford is changing the rules so that he and his ministers never have to answer to you. Ever.  

“Freedom of Information laws are how journalists, researchers, and regular people find out what the government is actually doing with your tax dollars. That’s how we found out about the Greenbelt scandal. The Ontario Place spa deal. All of it. Now he wants to exempt himself, his cabinet, and their offices from those laws. Completely.   

“He’s not trying to protect one document. He’s trying to make sure you can never find out what he’s hiding. An honest government doesn’t do that. And we’re not going to let him get away with it.”

The Office of the Information and Privacy Commissioner of Ontario also released a statement in opposition to the changes, writing “government records must be accessible to the people of Ontario, subject only to limited and carefully defined exceptions.

“Today’s shocking announcement of proposed changes to FIPPA seriously undermines this principle. It raises serious concerns about the future of Ontarians’ rights to transparency, privacy, and independent oversight.

“The most alarming proposal would prevent Ontarians from accessing any government information held by the Premier, cabinet ministers, elected officials, and political staff.

“To be crystal clear: FIPPA (like other freedom of information laws across the country) already protects personal, confidential, and constituency records from disclosure. This amendment is about hiding government-related business to evade public accountability.”

Province to lengthen FOI response timelines

The province also plans to lengthen FOI response timelines from 30 days to 45 days.

In a release, the province said, “robust FOl requirements will remain in place, including when it comes to government decision-making in the form of direction from ministers and their offices to the public service.”

“I agree that the people of Ontario have absolutely every right to know about the decisions that are being made,” Crawford said. “And that’s why they’ll continue to be receiving information through the public service …”

While the FOI changes dominated question period during Crawford’s announcement, the minister stressed that the province is also updating its cybersecurity protections, including implementing enhanced cybersecurity rules for vital public services with mandatory cybersecurity practices for hospitals, school boards, children’s aid societies and post-secondary institutions.

“This includes requiring school boards to notify parents or guardians when students’ personal information is disclosed to third-party software, ensuring families have the information they need to make informed decisions,” the province’s release states.