Order in Council 1086/2022

On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:

Whereas the Financial Accountability Officer, an Officer of the Legislative Assembly, was appointed to provide independent analysis to the Assembly about the state of the Province’s finances, including the budget, and trends in the provincial and national economies;

And whereas the Financial Accountability Officer requires access to information in the custody and control of ministries and public entities in order to fulfill his statutory mandate;

And whereas certain information in the custody and control of ministries and public entities is protected by the mandatory Cabinet Records exemption of section 12 of the Freedom of Information and Protection of Privacy Act;

And whereas Orders in Council were made in 2016 (Order in Council 1412/2016) and 2018 (Order in Council 1002/2018) to enable the Financial Accountability Officer to have access to certain information that is protected by section 12 of the Freedom of Information and Protection of Privacy Act under the same terms and conditions stated below;

And whereas the Minister of Finance considers it advisable to provide the Financial Accountability Officer access to this information;

Now therefore pursuant to subsection 12(2) of the Financial Accountability Officer Act, 2013 (the “Act”) and paragraph ‎12(2)(b) of the Freedom of Information and Protection of Privacy Act:

1. Subject to sections 2 and 3 below, every ministry of the Government of Ontario and every public entity is authorized to provide to the Financial Accountability Officer any financial, economic or other information protected by subsection 12(1) of the Freedom of Information and Protection of Privacy Act that relates to:
   1. the Province’s finances, including the budget, and trends in the provincial and national economies;
   2. the estimates and supplementary estimates submitted to the Legislature;
   3. the financial costs or financial benefits to the Province of any public bill before the Assembly; or
   4. the financial costs or financial benefits to the Province of any proposal that relates to a matter over which the Legislature has jurisdiction, including any proposal made by the Government or by any member of the Assembly.
2. Information described in section 1 shall be provided to the Financial Accountability Officer in accordance with subsection 12(1) of the Act, provided that:
   1. the information has been requested by the Financial Accountability Officer;
   2. the information is not available through other sources;
   3. the policy or financial decision to which the requested information relates has been made by the Executive Council or one of its Committees and announced to the public or tabled with or disclosed to the Legislative Assembly, even if the Executive Council or one of its Committees will or could engage in future deliberations with respect to the decision;
   4. the requested information is provided in a format that does not reveal other information protected by subsection 12(1) of the Freedom of Information and Protection of Privacy Act, including:
      1. an agenda;
      2. a Minute, unless the Minute is the only source of the requested information;
      3. policy or costing options or recommendations prepared for or submitted to the Executive Council or one of its Committees other than the policy or costing option selected for implementation;
      4. the substance of the deliberations of the Executive Council or one of its Committees regarding options or recommendations prepared for or submitted to the Executive Council or one of its Committees, other than deliberations related to the policy option selected for implementation that would be apparent through the disclosure of the requested information;
      5. information reflecting the individual opinions of members of the Executive Council;
      6. a communications plan, stakeholder management plan, key messages, or other communications materials;
      7. draft legislation or regulations other than the particular draft approved by the Executive Council;
   5. the requested information is provided in a format that does not reveal personal information or personal health information protected from disclosure to the Financial Accountability Officer by subsection 12(3) of the Act; and
   6. the Financial Accountability Officer agrees not to disclose the information without the consent of the Executive Council.
3. The provision of the information to the Financial Accountability Officer does not waive or limit the authority of the Head of an institution to apply the mandatory exemption of subsection 12(1) of the Freedom of Information and Protection of Privacy Act should the information be requested by any parties other than the Financial Accountability Officer.