Fact Check: Ontario Budget Retroactively Weakens FOI Laws, Shields Premier’s Phone Records

TL;DR The claim is true: the budget amends FOI laws retroactively, eliminating the Premier’s obligation to comply with a January court order to disclose his cellphone records.

Claim The Ontario spring budget amends Freedom of Information laws to apply retroactively, removing the requirement for Premier Doug Ford to comply with a court order to release his cellphone records.

Evidence The budget was tabled at the end of March with a total value of $244.2 billion and contains an omnibus bill that includes retroactive amendments to FOI legislation. Court documents show that in January a judge ordered Ford to release logs of government‑related calls made on his personal cellphone to satisfy a FOI request filed by Global News and supported by the Information and Privacy Commissioner. The amendments explicitly state they apply to FOI requests submitted before the law takes effect, thereby overriding the January order. The government used its majority to fast‑track the bill, skipping public hearings.

Verdict True.

Analysis The retroactive FOI changes directly nullify a specific judicial mandate, limiting public access to records that could reveal how the premier conducts government business on his personal device. Opposition leaders argue the move undermines transparency and cite past scandals uncovered through FOI requests. The premier maintains the changes protect constituent confidentiality, while critics say they shield potential wrongdoing. Legal experts note that retroactive legislation may face charter challenges.

What to watch next Monitor for any court challenges to the retroactive FOI amendments and for future FOI requests that test the new limits on access to the premier’s records.