This question was asked at the Rae Review Town Hall meeting in Peterborough (Nov 22, 2004):

Submission of Recommendations to the Postsecondary Review

Tuition fees should not be increased until such time as the Ontario universities are subject to, and fully compliant with, Ontario’s Freedom of Information legislation.

As a Chancellor of Wilfred Laurier, an active COU member, you will undoubtedly be aware that unlike other provinces, our Ontario universities are exempt from the provincial Freedom of Information and Protection of Privacy Act. In effect our universities are beyond public scrutiny and a significant and transparent mechanism to assure university management is held accountable is absent (e.g. accountability for the responsible use of taxpayer dollars, the achievement of specific objectives, etc.).

That our Ontario universities are not accountable under the Freedom of Information Act mechanisms is detrimental to both the quality and affordability of postsecondary education and can no longer be justified. This was acknowledged when Information and Privacy Commissioner Ann Cavoukian noted in her Annual Report of 2003 that it would be a "consistent and next logical step" to include all postsecondary education institutions under the Act.

The COU’s guidelines for Universities voluntary compliance with the spirit of FOI legislation have no force in law and have not resulted in any meaningful disclosure or accountability, in fact just the opposite. In the absence of transparency and disclosure it is impossible for the public to independently validate any claim that universities require more money, that tuition fees must rise or to assure that universities have responsibly managed the more than $2 billion of public money they receive an annual basis. Yet universities are asking that we accept that they know best and the public need not be bothered with such trivial matters as confirming public money already in the system is responsibly managed.

Legislation was passed today that grants Ontario's Auditor additional powers allowing for closer scrutiny of any provincial institution funded with public money, specifically including universities. This legislation may prove helpful, but it does not allow for the openness and transparency that naturally flows from Freedom of Information legislation.

In view of the government’s commitment to openness and transparency and this Review’s accountability objectives I ask the Postsecondary Review to formally recommend to the government the following;

1. That universities must be subject to and fully compliant with Ontario’s Freedom of Information legislation, and,
2. That tuition fees not be increased until such time as the Ontario universities are subject to, and fully compliant with, Ontario’s Freedom of Information legislation, and finally
3. That no new funding should flow to universities until such time as the Ontario universities are subject to, and fully compliant with, Ontario’s Freedom of Information legislation.

The issue of bringing the Ontario universities under Freedom of Information legislation has been put to the Review by others. Given the forgoing, and your own government’s reluctance to bring universities under freedom of information in the early 90’s, can you tell us where you NOW stand on the issue and what recommendations the panel is considering on the matter?