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Bill 97 and the quiet shift that could redefine public access in Ontario

In the late-night light of Queen’s Park, bill 97 moved ahead while opposition MPPs chanted “FOI” across the chamber. The moment was procedural on paper, but for many Ontarians it carried a sharper meaning: the rules that govern access to records held by the Premier’s Office are being rewritten in plain view, even as the documents themselves move further out of reach.

What does Bill 97 change in Ontario?

Bill 97 is now tied to a new access regime that removes the Premier’s Office, cabinet ministers and parliamentary assistants from freedom-of-information requests. That means documents and emails connected to their decision-making can be kept secret, and the Premier’s cellphone records will remain shielded from the public.

The government pushed the bill through after a late-night session that sped up the legislation and bypassed public hearings. Progressive Conservative MPPs backed the measure, while opposition members voted no and used the chamber to signal their resistance. The speed of the process became part of the story: instead of a slower committee stage with public scrutiny, the legislature moved quickly and then headed toward a weeklong break.

Why are critics calling this a broader secrecy shift?

The concern goes beyond a single set of phone records. Under bill 97, Ontario’s information and privacy commission warned the province would become less secure and less transparent than any other jurisdiction in the country. Experts have also said the law is more restrictive than similar systems elsewhere because it applies retroactively and keeps documents secret indefinitely.

That is why the debate has taken on a human dimension. For residents who use freedom-of-information rules to understand how decisions are made, the question is no longer only about process. It is about whether the public can still trace how power moves inside government, or whether the trail ends before it begins.

What are the government and its critics saying?

The government says it is aligning Ontario with other jurisdictions, including the federal government, and argues the law reflects the way public communication works today. Premier Doug Ford has said he wants to be judged on final decisions, not the process. The government also says 95 per cent of information requests will still be accessible.

Finance Minister Peter Bethlenfalvy said the government consulted widely on its budget, which also includes investments in health care and transit, plus a small-business tax cut, an expanded HST rebate on new homes and the capping of resale ticket prices. He also acknowledged that no constituents had asked him to restrict freedom-of-information laws.

Opposition leaders framed the move differently. Ontario NDP Leader Marit Stiles said her party would reinstate the previous FOI laws if elected and accused Ford of trying to avoid a court order tied to his phone records. Interim Ontario Liberal Leader John Fraser also called on the government to change course, and Liberals said they would bring forward a motion when the legislature returns to force a specific vote on the information law.

How does Bill 97 change the public’s view of accountability?

The practical effect of bill 97 is simple: fewer records will be available to request, and some of the most sensitive material will remain outside public reach. The symbolic effect may last longer. By bundling the changes into a budget bill and pushing it through quickly, the government has deepened the argument over whether efficiency has crowded out transparency.

That tension matters because the province already had broad exemptions for cabinet discussions and for personal, confidential information. Critics say this new law goes further by narrowing access even more, while the government insists it is fixing an outdated system. The result is a sharper divide over what citizens should expect from those who govern them.

For now, the late-night vote at Queen’s Park leaves Ontario with a new reality: the doors around some government records have closed a little further, just as the political pressure around them has grown louder. Whether that makes the province more efficient or simply harder to scrutinize is the question now hanging over Bill 97.

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