Ontario tightening FOI laws to keep premier, cabinet ministers’ records secret

The Ontario government is set to make Premier Doug Ford and cabinet members’ records secret, as it updates its freedom-of-information (FOI) laws in an attempt to “modernize” them.

Critics argue the Ford government is trying to increase secrecy when it comes to the premier and his cabinet’s business.

That change would prevent the records of Ford, his cabinet ministers, parliamentary assistants and their offices, from being subject to freedom-of-information requests.

Ontario’s Procurement Minister made the announcement Friday, and says the changes will help maintain cabinet confidentiality and improve protections involving cyber security.

Opposition members argue this will make it impossible to hold the government to account, especially when it comes to previous scandals.

“Well, this is bullshit,” says Ontario New Democratic Party Leader, Marit Stiles in front of reporters at Queen’s Park on Friday, who argued that the Ford government is trying to avoid public access to government business. “Even Donald Trump hasn’t changed the FOI laws and he’s all over the Epstein files for goodness sake.”

The NDP Leader says freedom-of-information laws are in place to hold governments to account, and if they weren’t legislated, information connected to PC-government controversies may not have come to light.

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Stephen Crawford, Minister of Public and Business Service Delivery and Procurement, said in a statement that the changes will increase the province’s transparency to taxpayers after four decades without any major updates to Ontario’s access and privacy framework.

“Ontario’s current framework is nearly four decades old,” said Crawford at a press conference Friday. “Quite simply, it no longer matches how the government works or how people expect their information to be protected.”

The Freedom of Information and Protection of Privacy Act (FIPPA) first came into effect on Jan. 1, 1988, after over a decade of recommendations and revisions.

Despite the proposed FOI change that would effectively protect all the records from the premier down to the parliamentary offices, Crawford argues Ontario’s Privacy Commissioner and Auditor General will still have the power to have cabinet release information and their communications.

Included in the FOI proposal is that the new law would apply retroactively, meaning information on scandals like the private spa at Ontario Place and the Greenbelt could be at risk.

“I’m definitely waiting for the fine print when the legislation is tabled,” says Sabrina Nanji, founder of Queen’s Park Observer. “Essentially, anyone who has a freedom-of-information request out there, those will essentially be nullified if it has to do with the cabinet.”

During Friday’s press conference, several journalists pressed the minister on how the sweeping changes helps the government stay transparent.

Crawford remained steadfast saying that the Ontario government has been one of the most transparent governments in the province’s history, citing the process and creation of the Finance Fiscal Transparency Act.

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The changes to the act will be retroactive and potentially put in jeopardy several ongoing battles by news organizations seeking information regarding the Greenbelt scandal and Ford’s cellphone records.

Members of the public could still request records held by public servants in government ministries.

Crawford said Ontario’s auditor general and information and privacy commissioner will still be able to compel cabinet to produce records.

Ontario will lengthen freedom-of-information response timelines from 30 calendar days to 45 business days — a change from consecutive days into only working days — or around 63 days.

In addition to the changes to FIPPA, Ontario plans to strengthen cybersecurity and protect children’s data, by alerting parents if sensitive information or records could be disclosed.

Crawford said new requirements will ensure hospitals, colleges and universities, school boards, and children’s aid societies will meet baseline cybersecurity standards.

The Ontario legislature is set to return March 23.

READ MORE: Ford government obfuscated Greenbelt records through code words: commissioner