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Ontario's Bill 97 Shields Premier Ford's Records from Freedom of Information: What Citizens, Journalists, and Businesses Need to Know

On April 24, 2026, the Ontario Legislative Assembly passed Bill 97 — an omnibus budget bill that includes sweeping changes to the province's access to information regime. The most controversial provision: ministers' offices and the Premier's office will be retroactively shielded from Freedom of Information (FOI) requests, covering more than 40 years of records. The vote was 57–33, passed through a late-night session with limited public consultation. Here's what it means for Ontarians.

What Bill 97 Actually Changes About FOI in Ontario

Ontario's Freedom of Information and Protection of Privacy Act (FIPPA) has long allowed journalists, citizens, researchers, and lawyers to request government records. The new provisions in Bill 97 make three critical changes:

1. Retroactive exemption for ministerial staff records: The bill retroactively exempts records held by the offices of cabinet ministers and the Premier from FOI requests, going back more than four decades. This kills ongoing FOI requests — including one from Global News seeking Premier Doug Ford's cellphone records.

2. Extended response timelines: The standard 30-business-day response deadline for non-exempt FOI requests has been extended to 45 business days. This means citizens and businesses will wait longer for information they are legally entitled to receive.

3. Bypassed committee review: The bill was introduced with minimal public consultation and passed in an unusual late-night sitting of the legislature, raising procedural concerns that may be subject to legal challenge.

According to the Bill Lobbyists and Government Ethics Group (BLG), the reforms represent "major access to information and privacy reform" that fundamentally alters the balance between government transparency and administrative discretion.

Why FOI Rights Matter for Ordinary Ontarians

Freedom of Information is not just a tool for journalists. Ontarians use FOI requests for a wide range of practical purposes:

• Business owners requesting government contracts, procurement records, and regulatory correspondence
• Tenant advocates accessing housing inspection reports and bylaw enforcement records
• Parents requesting school board communications and decisions affecting their children
• Injury claimants seeking accident reports or inspection records from government bodies
• Lawyers and researchers building cases or understanding regulatory decisions

If the records you need are now in a newly exempted category, you may need alternative strategies to obtain them.

What Still Works: Your Remaining Access Rights

Not all government records are now off-limits. Here is what Ontarians can still access:

Municipal records: Bill 97's changes apply to provincial government records. FOI requests to municipalities under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) are unaffected. For most local issues — city planning, zoning, bylaw enforcement — municipal FOI remains a powerful tool.

Court records: Court documents and tribunal decisions remain publicly accessible through existing court access mechanisms.

Federal records: The Access to Information Act (ATIP) governs federal government records, which are entirely separate from Ontario's FIPPA and unaffected by Bill 97.

Published auditor and commission reports: The Office of the Auditor General of Ontario, the Ombudsman, and the Information and Privacy Commissioner (IPC) continue to publish reports that may include the information you seek.

The Information and Privacy Commissioner of Ontario remains an independent body that citizens can appeal to if an FOI request is improperly refused — even under the new rules.

Legal Challenges Are Expected

Privacy and civil liberties organizations have signalled they intend to challenge portions of Bill 97, particularly the retroactive application of exemptions. Retroactive legislation that removes existing legal rights is subject to a higher standard of constitutional scrutiny under the Canadian Charter of Rights and Freedoms.

Additionally, the bill's rushed passage without standard committee review may provide grounds for procedural challenges. The Canadian Civil Liberties Association and the Centre for Free Expression at Toronto Metropolitan University have both spoken publicly about the bill's implications for democratic accountability.

If you have a pending FOI request that was directly affected by Bill 97, consult a lawyer. There may be grounds to argue that the retroactive exemption is unconstitutional in your specific case.

What Businesses Should Consider

For businesses that rely on FOI requests to understand regulatory environments, obtain competitor pricing information from public contracts, or access inspection and compliance records, Bill 97 changes the calculus.

Key steps for businesses:

• Document any active FOI requests that were filed before Bill 97's passage and may now be caught by the retroactive exemption
• Consider proactive alternatives: many regulatory bodies publish summaries of decisions; industry associations often aggregate government correspondence
• Review contracts: any contractual rights to access government records may need to be re-evaluated in light of the new exemption categories

A lawyer specializing in administrative law or access to information can advise on whether your specific requests are affected and what alternatives are available.

How Other Provinces Compare

Ontario's move to restrict FOI access to ministerial records is an outlier among Canadian provinces. In British Columbia, the Freedom of Information and Protection of Privacy Act (FOIPPA) provides broad access to records held by government bodies with limited discretionary exemptions. Alberta's FOIP Act similarly covers ministerial records.

Quebec's Commission d'accès à l'information (CAI) has been actively working to strengthen access rights, not restrict them. Federal government records remain subject to the Access to Information Act, which is currently being strengthened through proposed amendments under Bill C-58.

For Ontarians frustrated by the new restrictions, advocacy at the federal or municipal level may be more fruitful than battling provincial exemptions.

Getting Expert Legal Advice

If you have been refused access to government records, are navigating a dispute with a provincial regulator, or need to understand how Bill 97 affects your rights, professional legal guidance is essential.

Via Expert Zoom, you can connect with an Ontario lawyer experienced in administrative law, access to information, or government accountability matters. Many initial consultations are available to assess your specific situation before you decide on next steps.