14 min read · March 2025
Ontario's freedom of information regime gives individuals and organizations a right of access to records held by provincial and municipal institutions. Understanding MFIPPA, FIPPA, and the Information and Privacy Commissioner's appeal process is essential for Ontario lawyers in administrative law, civil litigation, employment law, and any practice where government records are relevant to a client's matter.
FIPPA
Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31
MFIPPA
Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56
Both Acts have parallel structures — the right of access, the exemptions, the privacy protection provisions, and the appeal mechanism are substantially similar. The key difference is the category of institution covered. The Information and Privacy Commissioner of Ontario (IPC) oversees both Acts.
| Institution Type | Act | Examples |
|---|---|---|
| Provincial ministries | FIPPA | Ministry of the Attorney General, Ministry of Health, Ministry of Finance |
| Crown corporations and agencies | FIPPA | TVO, Metrolinx, OPG, Hydro One, OHIP administration |
| Hospitals | FIPPA | All Ontario hospitals — patient records and administrative records |
| Colleges and universities | FIPPA | All Ontario publicly funded post-secondary institutions |
| Municipalities | MFIPPA | City of Toronto, Ottawa, Mississauga, all Ontario cities and towns |
| Police services boards | MFIPPA | Toronto Police Services Board, OPS boards |
| School boards | MFIPPA | TDSB, OCDSB, all Ontario school boards |
| Conservation authorities | MFIPPA | TRCA, CLOCA, all Ontario conservation authorities |
| Courts (judicial records) | Neither | Courts not covered — court records accessed through court services |
| Federal institutions | Neither | Federal ATIP request under Privacy Act / Access to Information Act |
FIPPA s. 10 and MFIPPA s. 4 provide a general right of access to records held by institutions, subject to the exemptions in the Act. The right of access is broadly construed:
The burden is on the institution to justify any refusal to disclose — not on the requester to prove entitlement. This is a critical principle in IPC appeals.
Tip: Be Specific but Not Too Narrow
A vague request (e.g., "all records relating to my client") may result in a fee estimate for a very large search. An overly narrow request may miss relevant records. Target your request to specific time periods, subject matters, or document categories. You can submit multiple requests to the same institution.
| Step | Timeline | Notes |
|---|---|---|
| Initial response deadline | 30 days from receipt of request | Institution must respond with a decision |
| Extension — complex or third-party notice required | Up to 30 additional days (notice required) | Institution must notify requester of extension |
| Extension — large volume of records | Further extension possible with IPC approval | Rarely used for ordinary requests |
| Third-party notice | Issued within 30-day period — 20 days for third party to respond | When records relate to third party who may object |
| Deemed refusal | If no response in 30 days (+ extension), deemed refusal | Triggers right to appeal to IPC immediately |
| IPC appeal deadline | 30 days from the institution's decision or deemed refusal | File Form A with IPC + $25 fee |
| IPC mediation | Typically 3–6 months | IPC mediator attempts to resolve before adjudication |
| IPC adjudication / Order | 1–3 years for complex matters | Significant backlog at IPC |
In addition to the $5 application fee, institutions may charge additional fees for search, preparation, and copying costs, governed by O. Reg. 460 (FIPPA) and O. Reg. 823 (MFIPPA):
Fee waiver: Under FIPPA s. 57(4) and MFIPPA s. 45(4), the institution must waive or reduce fees if: (1) the records relate to the requester's own personal information; (2) the fee would unreasonably deprive the requester of access; or (3) there are other public benefit grounds for waiver. Fee waiver appeals to the IPC are available.
Institutions may refuse to disclose records (or portions of records) under mandatory or discretionary exemptions. The key exemptions under FIPPA (parallel provisions exist in MFIPPA):
Severance
Institutions must sever (redact) exempt portions and provide access to the rest — they cannot withhold entire documents because one paragraph qualifies for an exemption. If excessive severance occurs, appeal to the IPC.
FIPPA and MFIPPA also regulate how institutions collect, use, and disclose personal information — independently of the access request mechanism. Key obligations:
Privacy complaints (about an institution's collection, use, or disclosure of personal information) are filed with the IPC. The IPC investigates and may order corrective action.
The Information and Privacy Commissioner of Ontario is an independent officer of the Legislature who adjudicates appeals from institution decisions. The appeal process:
The IPC has broad powers — it may require the institution to produce records for review in camera to determine whether an exemption applies. The IPC's jurisprudence on exemptions is extensive and provides detailed guidance on how each exemption is interpreted.
FOI requests are an underused litigation tool. Consider using MFIPPA/FIPPA requests:
FOI vs Undertakings
In civil litigation, documents held by government institutions may be obtainable through both FOI requests and undertakings (if the government is a party) or third-party production orders (if not a party). FOI requests are often faster and cheaper than court orders — consider using them early in the litigation to identify what documents exist before serving a more targeted production order.
Atticus extracts deadlines from correspondence and documents automatically — including FOI request deadlines, IPC appeal deadlines, and institution response timelines. Ontario administrative law lawyers use Atticus to manage multiple concurrent FOI matters without missing critical dates.
Start Free TrialMFIPPA applies to municipal institutions (cities, police services boards, school boards, conservation authorities). FIPPA applies to provincial institutions (ministries, Crown agencies, hospitals, universities). Both provide access rights and are overseen by the Information and Privacy Commissioner of Ontario.
Submit a written request to the institution's FOI Coordinator with a $5 application fee. Describe the records as specifically as possible. The institution has 30 days to respond, subject to a possible 30-day extension. If denied or no response, appeal to the IPC within 30 days.
Mandatory exemptions include: s. 21 personal privacy (personal information about identifiable individuals) and s. 17 third-party information (supplied in confidence whose disclosure could prejudice the supplier). Discretionary exemptions include: advice to government (s. 13), law enforcement (s. 14), and solicitor-client privilege (s. 19).
IPC mediation typically takes 3–6 months. If the matter proceeds to adjudication, it can take 1–3 years given the IPC's backlog. Complex matters involving large institutions or novel exemption arguments take longer.