The fee as a barrier
Test of a barrier applied to the access fee: never
Ontario’s access law lets the Commissioner lift any time limit that is a barrier to the person. The appeal fee in the same section, one subsection away, admits no exception. A person who cannot pay has no review of a refusal. The amendment applies the Act’s own test to the fee.
Grounds
The appeal fee carries no exception, no discretion and no condition.
“A person who appeals under subsection (1) shall pay the fee prescribed by the regulations for that purpose.” Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, s. 50 (1.1).
Every time limit in the Act yields to a barrier.
Section 50 (2.0.1): the Commissioner may extend the appeal period where it “presents a barrier, as defined in the Accessibility for Ontarians with Disabilities Act, 2005”, 2016, c. 5, Sched. 10, s. 3 (2). The same construction in ss. 28 (5.1) and 28 (8.1), 2016, and for privacy complaints, 2024, c. 24, Sched. 2, s. 6. Four provisions on time. None on money.
The Act weighs financial hardship for the processing fees of a request and never for the appeal.
Section 57 (4): processing fees are waived having regard to “whether the payment will cause a financial hardship for the person requesting the record”. The appeal fee under s. 50 (1.1) has no such test.
Ontario courts waive their fees. The Commissioner cannot.
Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2014 SCC 59: hearing fees that deny access to the courts are unconstitutional. Ontario courts waive fees under O. Reg. 2/05; the Commissioner holds no such power.
One subsection, every word taken from the Act.
New s. 50 (1.2): the Commissioner may waive all or part of the fee where it presents a barrier and payment would cause financial hardship or deny access to the review. The same amendment to the Municipal Freedom of Information and Protection of Privacy Act. Drafted 3 September 2026; not introduced.
Text of the bill
An Act to amend the Freedom of Information and Protection of Privacy Act (fee for an appeal)
1 Section 50 of the Freedom of Information and Protection of Privacy Act is amended by adding the following subsection:
(1.2) If the fee required by subsection (1.1) presents a barrier to the person, the Commissioner may waive the payment of all or any part of the fee where the Commissioner is satisfied that the payment would cause financial hardship to the person or would otherwise deny the person access to the review provided by this section.
Related
- 01LegalThe mattersFifteen matters, from Ottawa to London, Canberra and Wellington.
- 02RecordThe recordFifteen answers from Canada, the United States and Australia.
- 03RecordThe requests registerEvery open request, with the deadline each institution set for itself.
- 04ClockThe clockEach request with the day the law sets for the answer.