The Office of the Information and Privacy Commissioner of Ontario (IPC) recently released a notice to freedom of information coordinators (FOICs) and chief administrative officers on processing access requests, responding to appeals filed with the IPC, and providing records during such appeals.
According to the notice, institutions can now access the following tools under Ontario’s Freedom of Information and Protection of Privacy Act, 1990 (FIPPA), and Municipal Freedom of Information and Protection of Privacy Act, 1990 (MFIPPA), to manage complex or voluminous requests before the expiry of statutory timelines:
- longer response times, specifically 45 business days
- an additional time extension provision
- an ability to provide a plan for providing staged access to records
- an ability to amend that plan
Goals of new tools
According to the IPC, these additional tools aim to give institutions more flexibility for processing requests. However, the IPC stressed that institutions should still avail of them within the relevant timelines.
Per the IPC, failing to do so can delay access for requesters, prevent the efficient resolution of appeals, and jeopardize public confidence in the provincial access-to-information system.
“Once an institution is in a deemed refusal, it cannot subsequently rely on these tools to fix the deemed refusal after the fact,” the IPC notice stated. “The only way to resolve a deemed refusal appeal is to issue a final access decision where all responsive records have been identified and reviewed.”
According to the notice, the IPC expects institutions to ensure they have the operational capacity to use these tools effectively and within the statutory timelines.
FIPPA and MFIPPA requirements
The IPC explained that the notice aims to remind institutions of certain obligations and deadlines under FIPPA and MFIPPA. Under these laws, a final access decision presumes that institutions have finished:
- identifying the relevant records after a reasonable search
- reviewing such records
- deciding whether to grant access wholly or partly
“In recent appeal files received by the IPC’s Tribunal, we have seen an increase in situations where the institution has not responded to a request within the statutory timelines and, to address that deemed refusal, has issued a final access decision and charged a final fee without first providing a fee estimate (where applicable), completing searches for responsive records and/or reviewing those records for disclosure,” the IPC notice stated.
The IPC said institutions should submit the responsive records to enable an assessment of potential exemptions and be ready to provide such records upon request at the intake stage when opening appeal files from final access decisions. Without such records, the IPC noted that a binding order can require their production.
The IPC emphasized that institutions’ inability to submit the records needed to process appeals has resulted in significant process challenges and delayed resolution for all involved.
Role of freedom of information coordinators
In the notice, the IPC acknowledged the qualities officers need to administer the province’s access-to-information legislation while handling the rising number of requests, increasingly complex files, and shifting statutory requirements.
“The IPC appreciates the ongoing commitment of FOICs to promote transparency and protect Ontarians’ access rights,” the IPC notice stated. “Your work is essential for ensuring that access requests are processed fairly, efficiently, and in accordance with the legislation.”
More privacy news
Here are some other recent news stories involving privacy commissioners in Canada.
On July 13, Philippe Dufresne, federal privacy commissioner, announced the nine research projects covered by the Office of the Privacy Commissioner of Canada’s 2026–27 contributions program funding cycle, with the theme “Achievement unlocked: protecting privacy while online gaming.”
On Data Privacy Day on Jan. 28, the IPC Ontario published guidance to enable the responsible adoption of artificial intelligence (AI) scribes within the health sector.
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