Step-by-step: How to write and File a Freedom of Information Request

By: Michelle Lee

Step 1: Decide what you want to ask

  • Be as specific as possible about what information you are looking for and the timeframe.
  • Translate your questions into requests for records. Examples: 
    • Emails/communication between specific staff 
    • Reports, surveys, slide decks, memos, briefing notes, data
  • Include keywords, dates, topics, and staff/branches likely to hold the records. 
  •  Avoid “any and all records” unless you truly want everything as this can lead to long and costly searches. 
  •  Ask for electronic copies to save time and money.

 

Step 2: Identify the right public body and law 

 

Step 3: Decide if you want to try informally first 

  • As outlined by the Information and Privacy Commissioner of Ontario, not all requests need to be submitted under the Freedom of Information and Protection of Privacy Act (FIPPA) and Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). 
  • Public institutions are encouraged to provide information informally (verbally or in writing) where possible and where no exemptions apply. 
  • Informal requests can be phrased as specific questions instead of a request for records. 
  • These requests can be sent by email or through a phone call directly to the department or staff who may know the answer. 
  • If you are unsure who may know the answers to your request, contact the Freedom of Information / Privacy Coordinator to direct you to the appropriate staff. 

 

Step 4: Submit your request (formal)

  • Federal:
  • Provincial:
  • Municipal / SSMs: 
    • Each city’s website has a dedicated FOI submission page. 
  • School boards: 
    • Check the school board’s website first for an online submission of FOI requests or for their forms.
    • If you cannot find the information. Contact the FOI Coordinator to ask for their school board’s form or if electronic submission is possible.
    •  You can also fill out this generic FOI form and mail it to the school board addressed to the Attention of their FOI Coordinator.

 

Step 5: Track deadlines and fees 

  • Legal deadline: 30 days to respond (can be extended with notice).
  • Application fee: $5 (standard for all FOI requests).
  • Additional fees: $30/hour for search, preparation, and review time.
  •  Agencies must give you a fee estimate first. Before or as an alternative to requesting a fee waiver, you can narrow your request to make it less costly.
  • You can request a waiver:
    • Provincial: The Act requires waivers if it is “fair and equitable,” considering:
      • cost of processing vs. fee charged;
      • financial hardship to the requester;
      • whether disclosure benefits public health or safety.
    • Federal: Waivers are discretionary; they may be granted if:
      • information is normally provided free;
      • disclosure benefits the public;
      • request relates to a disability accommodation;
      • request advances Indigenous reconciliation.

 

Step 6: Keep a record 

  • Save a copy of your request and the date you submitted it.
  • Note the legal deadline for a response (30 days, but can be extended with notice).
  • Keep copies of any correspondence or fee estimates

 

Step 7: Know your rights 

  • You can appeal to the Information and Privacy Commissioner of Ontario (IPC) within 30 days of receiving a decision. Grounds for appeal include:
    • Denial of access to records (refusal, excessive redaction, or “no records found” when you believe they exist).
    • Incorrect use of exemptions (e.g., solicitor-client privilege, personal privacy, third-party commercial info).
    • Excessive fees (unreasonable fee estimates or charges).
    • Denial of a fee waiver (if you requested one).
    • Failure to respond (no response within 30 days or unreasonable extensions).
    • Format of disclosure (if you requested electronic records and were refused without reason).
    • Incomplete disclosure (if records were missed in the search).
  • Appeals usually begin with mediation at the IPC. If unresolved, an adjudicator issues a binding decision.

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