R.R.O. 1990, Reg. 460: GENERAL, Freedom of Information and Protection of Privacy Act
Freedom of Information and Protection of Privacy Act
GENERAL
Consolidation Period: From March 13, 2026 to the e-Laws currency date.
Last amendment: 38/26.
Legislative History: 371/91, 135/92, 497/92, 532/93, 305/94, 88/95, 21/96, 331/96, 26/97, 478/97, 104/99, 138/99, 304/99, 191/01, 161/03, 424/03, 326/04, 421/04, 375/05, 603/05, 256/06, 92/07, 476/07, 344/08, 399/09, 261/10, 34/11, 46/12, 252/12, 157/13, 30/14, CTR 14 AU 14 - 1, 209/14 (as am. by 62/15), 123/15, 252/15, 54/16, 171/16, 441/16, 358/17, 34/18, CTR 02 NO 18 - 2, 27/19, 175/19, 184/21, 202/21, 371/21, 670/21, 723/21, 894/21, 5/22, 44/22, 108/23, 334/23, 115/24, 234/24, 240/24, 270/24, 342/24, 545/24, 49/25, 38/26.
This is the English version of a bilingual regulation.
1. (1) The agencies, boards, commissions, corporations and other bodies listed in Column 1 of the Schedule are designated as institutions. R.R.O. 1990, Reg. 460, s. 1 (1).
(2) The person occupying the position listed in Column 2 of the Schedule opposite to each institution listed in Column 1 is designated as the head of that institution. R.R.O. 1990, Reg. 460, s. 1 (2).
2. A record capable of being produced from machine readable records is not included in the definition of “record” for the purposes of the Act if the process of producing it would unreasonably interfere with the operations of an institution. R.R.O. 1990, Reg. 460, s. 2.
3. (1) A head who provides access to an original record must ensure the security of the record. R.R.O. 1990, Reg. 460, s. 3 (1).
(2) A head may require that a person who is granted access to an original record examine it at premises operated by the institution. R.R.O. 1990, Reg. 460, s. 3 (2).
(3) A head shall verify the identity of a person seeking access to his or her own personal information before giving the person access to it. R.R.O. 1990, Reg. 460, s. 3 (3).
4. (1) Every head shall ensure that reasonable measures to prevent unauthorized access to the records in his or her institution are defined, documented and put in place, taking into account the nature of the records to be protected. R.R.O. 1990, Reg. 460, s. 4 (1).
(2) Every head shall ensure that only those individuals who need a record for the performance of their duties shall have access to it. R.R.O. 1990, Reg. 460, s. 4 (2).
(3) Every head shall ensure that reasonable measures to protect the records in his or her institution from inadvertent destruction or damage are defined, documented and put in place, taking into account the nature of the records to be protected. R.R.O. 1990, Reg. 460, s. 4 (3).
5. (1) An institution that uses personal information shall retain the information for at least one year after use, except if,
(a) the individual to whom the information relates consents to its earlier disposal; or
(b) the information is credit or debit card payment data. O. Reg. 123/15, s. 1.
(2) Despite subsection (1), an institution that uses personal information that is contained in a telecommunication logger tape in the custody or under the control of the institution shall retain the information for at least 45 days after use, except if the individual to whom the information relates consents to its earlier disposal. O. Reg. 123/15, s. 1.
5.1 A head of an institution that receives a request for access to a record or personal information shall conclude that the request is frivolous or vexatious if,
(a) the head is of the opinion on reasonable grounds that the request is part of a pattern of conduct that amounts to an abuse of the right of access or would interfere with the operations of the institution; or
(b) the head is of the opinion on reasonable grounds that the request is made in bad faith or for a purpose other than to obtain access. O. Reg. 21/96, s. 1.
5.2 The fee that shall be charged for the purposes of clause 24 (1) (c) or 48 (1) (c) of the Act shall be $5. O. Reg. 21/96, s. 1.
5.3 (1) For the purposes of subsection 50 (1.1) of the Act, the fee payable for appealing a decision of a head to the Commissioner shall be,
(a) $25, if the person appealing has made a request for access to a record under subsection 24 (1);
(b) $10, if the person appealing has made a request for access to personal information under subsection 48 (1); and
(c) $10, if the person appealing has made a request for correction of personal information under subsection 47 (2). O. Reg. 21/96, s. 1.
(2) For the purposes of subsection 50 (1.1) of the Act, no fee is payable for appealing a decision of a head to the Commissioner if the person appealing is given notice of a request under subsection 28 (1) of the Act. O. Reg. 21/96, s. 1.
6. The following are the fees that shall be charged for the purposes of subsection 57 (1) of the Act for access to a record:
1. For photocopies and computer printouts, 20 cents per page.
2. For records provided on digital storage devices, $10 for each digital storage device.
3. For manually searching a record, $7.50 for each 15 minutes spent by any person.
4. For preparing a record for disclosure, including severing a part of the record, $7.50 for each 15 minutes spent by any person.
5. For developing a computer program or other method of producing a record from machine readable record, $15 for each 15 minutes spent by any person.
6. The costs, including computer costs, that the institution incurs in locating, retrieving, processing and copying the record if those costs are specified in an invoice that the institution has received. O. Reg. 21/96, s. 2; O. Reg. 92/07, s. 1; O. Regs. 38/26, s. 2.
6.1 The following are the fees that shall be charged for the purposes of subsection 57 (1) of the Act for access to personal information about the individual making the request for access:
1. For photocopies and computer printouts, 20 cents per page.
2. For records provided on digital storage devices, $10 for each digital storage device.
3. For developing a computer program or other method of producing the personal information requested from machine readable record, $15 for each 15 minutes spent by any person.
4. The costs, including computer costs, that the institution incurs in locating, retrieving, processing and copying the personal information requested if those costs are specified in an invoice that the institution has received. O. Reg. 21/96, s. 2; O. Reg. 92/07, s. 2; O. Reg. 38/26, s. 3.
7. (1) If a head gives a person an estimate of an amount payable under the Act and the estimate is $100 or more, the head may require the person to pay a deposit equal to 50 per cent of the estimate before the head takes any further steps to respond to the request. O. Reg. 21/96, s. 3.
(2) A head shall refund any amount paid under subsection (1) that is subsequently waived. R.R.O. 1990, Reg. 460, s. 7 (2).
8. The following are prescribed as matters for a head to consider in deciding whether to waive all or part of a payment required to be made under the Act:
1. Whether the person requesting access to the record is given access to it.
2. If the amount of a payment would be $5 or less, whether the amount of the payment is too small to justify requiring payment. R.R.O. 1990, Reg. 460, s. 8.
9. If a person is required to pay a fee for access to a record, the head may require the person to do so before giving the person access to the record. R.R.O. 1990, Reg. 460, s. 9.
10. (1) The following are the terms and conditions relating to security and confidentiality that a person is required to agree to before a head may disclose personal information to that person for a research purpose:
1. The person shall use the information only for a research purpose set out in the agreement or for which the person has written authorization from the institution.
2. The person shall name in the agreement any other persons who will be given access to personal information in a form in which the individual to whom it relates can be identified.
3. Before disclosing personal information to other persons under paragraph 2, the person shall enter into an agreement with those persons to ensure that they will not disclose it to any other person.
4. The person shall keep the information in a physically secure location to which access is given only to the person and to the persons given access under paragraph 2.
5. The person shall destroy all individual identifiers in the information by the date specified in the agreement.
6. The person shall not contact any individual to whom personal information relates, directly or indirectly, without the prior written authority of the institution.
7. The person shall ensure that no personal information will be used or disclosed in a form in which the individual to whom it relates can be identified without the written authority of the institution.
8. The person shall notify the institution in writing immediately if the person becomes aware that any of the conditions set out in this section have been breached. R.R.O. 1990, Reg. 460, s. 10 (1).
(2) An agreement relating to the security and confidentiality of personal information to be disclosed for a research purpose shall be in the form titled “Security and Confidentiality Agreement of Personal Information for Research Purposes”, dated May 1, 2016 and available on the Government of Ontario’s Central Forms Repository website. O. Reg. 171/16, s. 1.
11. A request for access to a record under Part II of the Act or for access to or correction of personal information under Part III of the Act shall be in a written form that specifies that it is a request made under the Act. O. Reg. 34/11, s. 2.
Schedule
| Item | Column 1 | Column 2 |
| 1. | Accessibility Standards Advisory Council | Minister for Seniors and Accessibility |
| 2. | Agricorp | Chair of the Board |
| 3. | Agricultural Research and Innovation Ontario | Minister of Agriculture, Food and Agribusiness |
| 4. | Agriculture, Food and Rural Affairs Appeal Tribunal | Minister of Agriculture, Food and Agribusiness |
| 5. | Alcohol and Gaming Commission of Ontario | Chief Executive Officer |
| 6. | Algoma University | Executive Head |
| 7. | Algonquin Forestry Authority | Chair |
| 8. | Animal Care Review Board | Executive Chair, Tribunals Ontario |
| 9. | Assessment Review Board | Executive Chair, Tribunals Ontario |
| 10. | Big Game Management Advisory Committee | Minister of Natural Resources |
| 11. | Brock University | Executive Head |
| 12. | Building Code Commission | Minister of Municipal Affairs and Housing |
| 13. | Building Materials Evaluation Commission | Minister of Municipal Affairs and Housing |
| 14. | Building Ontario Fund | Minister of Finance |
| 15. | Business Risk Management Review Committee | Minister of Agriculture, Food and Agribusiness |
| 16. | Carleton University | Executive Head |
| 17. | The Centennial Centre of Science and Technology | Minister of Tourism, Culture and Gaming |
| 18. | Centralized Supply Chain Ontario | Chief Executive Officer |
| 19. | Child and Family Services Review Board | Executive Chair, Tribunals Ontario |
| 20. | Colleges of Applied Arts and Technology | Chair of the Board |
| 21. | Committee on the Status of Species at Risk in Ontario | Minister of the Environment, Conservation and Parks |
| 22. | Committee to Evaluate Drugs | Minister of Health |
| 23. | Consent and Capacity Board | Minister of Health |
| 24. | Crown Employees Grievance Settlement Board | Minister of Labour, Immigration, Training and Skills Development |
| 25. | Custody Review Board | Executive Chair, Tribunals Ontario |
| 26. | Death Investigation Oversight Council | Solicitor General |
| 27. | Destination Ontario | Minister of Tourism, Culture and Gaming |
| 28. | Education Quality and Accountability Office | Chair |
| 29. | Education Relations Commission | Minister of Education |
| 30. | Financial Services Regulatory Authority of Ontario | Chief Executive Officer |
| 31. | Financial Services Tribunal | Minister of Finance |
| 32. | Fire Safety Commission | Executive Chair, Tribunals Ontario |
| 33. | Fish and Wildlife Heritage Commission | Minister of Natural Resources |
| 34. | French Language Health Services Advisory Council | Minister of Health |
| 35. | Grain Financial Protection Board | Minister of Agriculture, Food and Agribusiness |
| 36. | Greenbelt Council | Minister of Municipal Affairs and Housing |
| 37. | Health Professions Appeal and Review Board | Minister of Health |
| 38. | Health Services Appeal and Review Board | Minister of Health |
| 39. | Higher Education Quality Council of Ontario | Chair |
| 40. | Human Rights Legal Support Centre | Chair |
| 41. | Human Rights Tribunal of Ontario | Executive Chair, Tribunals Ontario |
| 42. | iGaming Ontario | President and Chief Executive Officer |
| 43. | Independent Electricity System Operator | Chief Executive Officer |
| 44. | Intellectual Property Ontario | Chair of the board |
| 45. | Investment Advisory Committee of the Public Guardian and Trustee | Attorney General |
| 46. | Invest Ontario | Minister of Economic Development, Job Creation and Trade |
| 47. | Justices of the Peace Remuneration Commission | President of the Treasury Board |
| 48. | Labour-Management Advisory Committee | Minister of Labour, Immigration, Training and Skills Development |
| 49. | Lakehead University | Executive Head |
| 50. | Landlord and Tenant Board | Executive Chair, Tribunals Ontario |
| 51. | Languages of Instruction Commission of Ontario | Minister of Education |
| 52. | Laurentian University of Sudbury | Executive Head |
| 53. | Law Enforcement Complaints Agency | Complaints Director |
| 54. | Legal Aid Ontario | President of Legal Aid Ontario |
| 55. | Licence Appeal Tribunal | Executive Chair, Tribunals Ontario |
| 56. | Liquor Control Board of Ontario | President and Chief Executive Officer |
| 57. | Livestock Financial Protection Board | Minister of Agriculture, Food and Agribusiness |
| 58. | McMaster University | Executive Head |
| 59. | McMichael Canadian Art Collection | Chief Executive Officer |
| 60. | Metrolinx | Chief Executive Officer |
| 61. | Metropolitan Toronto Convention Centre Corporation | President and Chief Executive Officer of the Corporation |
| 62. | Minister’s Advisory Council on Special Education | Minister of Education |
| 63. | Nawiinginokiima Forest Management Corporation | Minister of Natural Resources |
| 64. | Niagara Escarpment Commission | Minister of Natural Resources |
| 65. | Niagara Parks Commission | Chair of the Commission |
| 66. | Nipissing University | Executive Head |
| 67. | Normal Farm Practices Protection Board | Minister of Agriculture, Food and Agribusiness |
| 68. | Northern Ontario Grow Bonds Corporation | Chair of the Board of Directors |
| 69. | Northern Ontario Heritage Fund Corporation | Minister of Northern Economic Development and Growth |
| 70. | Northern Ontario School of Medicine University | Executive Head |
| 71. | Office for Victims of Crime | Attorney General |
| 72. | Office of the Employer Adviser | Minister of Labour, Immigration, Training and Skills Development |
| 73. | Office of the Fairness Commissioner | Commissioner |
| 74. | Office of the Worker Adviser | Minister of Labour, Immigration, Training and Skills Development |
| 75. | Ontario Advisory Committee on HIV/AIDS | Minister of Health |
| 76. | Ontario Agency for Health Protection and Promotion | Chief Executive Officer |
| 77. | Ontario Arts Council | Director and Chief Executive Officer |
| 78. | Ontario Cannabis Retail Corporation | President and Chief Executive Officer |
| 79. | Ontario Civilian Police Commission | Executive Chair, Tribunals Ontario |
| 80. | Ontario Clean Water Agency | Chair |
| 81. | Ontario College of Art & Design University | Executive Head |
| 82. | Ontario Creates | Minister of Tourism, Culture and Gaming |
| 83. | Ontario Electricity Financial Corporation | Chief Executive Officer |
| 84. | Ontario Energy Board | Chair |
| 85. | Ontario Farm Products Marketing Commission | Minister of Agriculture, Food and Agribusiness |
| 86. | Ontario Financing Authority | Minister of Finance |
| 87. | Ontario Food Terminal Board | Chair of the Board |
| 88. | Ontario Geographic Names Board | Minister of Natural Resources |
| 89. | Ontario Health | Chair of the Board |
| 90. | Ontario Health atHome | Chief Executive Officer |
| 91. | Ontario Heritage Trust | Minister of Citizenship and Multiculturalism |
| 92. | Ontario Honours Advisory Council | Minister of Citizenship and Multiculturalism |
| 93. | Ontario Human Rights Commission | Chief Commissioner |
| 94. | Ontario Infrastructure and Lands Corporation | Chief Executive Officer |
| 95. | Ontario Internal Audit Committee | President of the Treasury Board |
| 96. | Ontario Labour Relations Board | Minister of Labour, Immigration, Training and Skills Development |
| 97. | Ontario Land Tribunal | Chair |
| 98. | Ontario Lottery and Gaming Corporation | President and Chief Executive Officer |
| 99. | Ontario Mental Health Foundation | Chair |
| 100. | Ontario Northland Transportation Commission | Chair of the Commission |
| 101. | Ontario Parks Board of Directors | Minister of the Environment, Conservation and Parks |
| 102. | Ontario Parole Board | Executive Chair, Tribunals Ontario |
| 103. | Ontario Place Corporation | Minister of Tourism, Culture and Gaming |
| 104. | Ontario Police Arbitration and Adjudication Commission | Solicitor General |
| 105. | Ontario Power Generation Inc. | Chief Executive Officer |
| 106. | Each subsidiary (as defined in subsection 2 (1) of the Electricity Act, 1998) of Ontario Power Generation Inc. | Chief Executive Officer of the subsidiary |
| 107. | Ontario Research Fund Advisory Board | Minister of Colleges, Universities, Research Excellence and Security |
| 108. | Ontario Review Board | Chair of the Board |
| 109. | Ontario Securities Commission | Chair |
| 110. | Ontario Special Education Tribunal (English) | Executive Chair, Tribunals Ontario |
| 111. | Ontario Special Education Tribunal (French) | Executive Chair, Tribunals Ontario |
| 112. | Ontario Trillium Foundation | Chief Executive Officer |
| 113. | The Order of Ontario Advisory Council | Chief Justice of Ontario |
| 114. | Ornge, incorporated under the Canada Corporations Act on October 8, 2004 as Ontario Air Ambulance Services Co. | Chair of the board of directors |
| 115. | Ottawa Convention Centre Corporation | President |
| 116. | Owen Sound Transportation Company Limited | President |
| 117. | Pay Equity Commission | Minister of Labour, Immigration, Training and Skills Development |
| 118. | Pay Equity Hearings Tribunal | Minister of Labour, Immigration, Training and Skills Development |
| 119. | Post-secondary Education Quality Assessment Board | Minister of Colleges, Universities, Research Excellence and Security |
| 120. | Prevention Council | Minister of Labour, Immigration, Training and Skills Development |
| 121. | Provincial Advisory Committee on Francophone Affairs | Minister of Francophone Affairs |
| 122. | Provincial Judges Pension Board | President of the Treasury Board |
| 123. | Provincial Schools Authority | Minister of Education |
| 124. | Public Guardian and Trustee | Attorney General |
| 125. | Public Service Commission | Chair |
| 126. | Public Service Grievance Board | Minister of Labour, Immigration, Training and Skills Development |
| 127. | Queen’s University at Kingston | Executive Head |
| 128. | Rabies Advisory Committee | Minister of Natural Resources |
| 129. | Royal Ontario Museum | Chair of the Board |
| 130. | Rural Economic Development Advisory Panel | Minister of Rural Affairs |
| 131. | Science North | Chief Executive Officer |
| 132. | Skilled Trades Ontario | Chair of the board of directors |
| 133. | Social Benefits Tribunal | Executive Chair, Tribunals Ontario |
| 134. | Soldiers Aid Commission | Minister of Children, Community and Social Services |
| 135. | Special Investigations Unit | Director |
| 136. | Species at Risk Program Advisory Committee | Minister of the Environment, Conservation and Parks |
| 137. | St. Lawrence Parks Commission | Minister of Tourism, Culture and Gaming |
| 138. | Temagami Forest Management Corporation | Minister of Natural Resources |
| 139. | Toronto Metropolitan University | Executive Head |
| 140. | Toronto Organizing Committee for the 2015 Pan American and Parapan American Games | Minister of Sport |
| 141. | Trent University | Executive Head |
| 142. | Université de Hearst | Executive Head |
| 143. | Université de l’Ontario français | Executive Head |
| 144. | University of Guelph | Executive Head |
| 145. | University of Ontario Institute of Technology | Executive Head |
| 146. | University of Ottawa | Executive Head |
| 147. | University of Toronto | Executive Head |
| 148. | The University of Waterloo | Executive Head |
| 149. | The University of Western Ontario | Executive Head |
| 150. | University of Windsor | Executive Head |
| 151. | Venture Ontario | Minister of Economic Development, Job Creation and Trade |
| 152. | Walkerton Clean Water Centre | Chief Executive Officer |
| 153. | Wilfrid Laurier University | Executive Head |
| 154. | Workplace Safety and Insurance Appeals Tribunal | Minister of Labour, Immigration, Training and Skills Development |
| 155. | Workplace Safety and Insurance Board | Chair of the Board |
| 156. | York University | Executive Head |
O. Reg. 38/26, s. 1.
FORM 1 Revoked: O. Reg. 171/16, s. 3.
Form 2 Revoked: O. Reg. 34/11, s. 5.
