Ontario universities to be subject to Freedom of Information legislation
Responding to longstanding calls from OurTrent, UWatch, CAUT, CFS and others to begin to impose transparency and accountability upon the hitherto secretive governance of Ontario universities, the McGuinty Liberal government has taken a first step in its budget of May 2005 which will make universities subject to the Freedom of Information and Protection of Privacy Act (FOIPPA). While agreeing to pump more than $6-billion into postsecondary education over the next five years, McGuinty admitted the need to force accountability on universities. "We can't just send in wheelbarrows full of money to our postsecondary institutions," McGuinty said. "It is simply unreasonable to expect that we're going to flow that much new money into our postsecondary institutions and not demand higher accountability in return." This is a major victory.
On page 16 of the budget papers released on May 11, 2005 this passing reference is made:
The government proposes to make Ontario's universities subject to the provisions of the Freedom of Information and Protection of Privacy Act and to ensure that Ontario publicly funded postsecondary institutions are transparent and accountable to the people of Ontario while, at the same time, respecting academic freedom and competitiveness.
The mainstream press seemed to have missed this important reference until they were alerted by OurTrent and others like York University Professor David Noble. But the pick it up they did. Michelle Cheung's report to CBC's Canada Now of May 13, 2005 provides a nice overview. Check out Caroline Alphonso's report in the Globe and Mail had to say on May 14. Like many other papers, the National Post picked up the Canada Press report. McGuinty mentioned FOIPPA in his May 13 Press Release as reported by CanadaWire.
The amendments to FOIPPA are contained in the budget legislation known as Bill 197, An Act to implement Budget measures. To save the interested reader some time OurTrent has attempted to identify and compile the amendments to FOIPPA in Bill 197 in one handy PDF document. Provided Bill 197 passes with alteration these amendments come into effect 180 days after Royal Assent, which should mean around January 2006.
Of specific interest are the amendments to section 18:
3. The Act is amended by adding the following section:
Information with respect to closed meetings
18.1 (1) A head may refuse to disclose a record that reveals the substance of deliberations of a meeting of the governing body or a committee of the governing body of an educational institution if a statute authorizes holding the meeting in the absence of the public and the subject-matter of the meeting,
(a) is a draft of a by-law, resolution or legislation; or
(b) is litigation or possible litigation.Exception
(2) Despite subsection (1), the head shall not refuse to disclose a record under subsection (1) if,
(a) the information is not held confidentially;
(b) the subject-matter of the deliberations has been considered in a meeting open to the public; or
(c) the record is more than 20 years old.
While some might be concerned that shifty legal maneuvers might be employed by administrators and board members to move certain discussions under exemption 1(a), we need to remember that FOIPPA is designed to provide information and not be manipulated to preclude disclosure under the thinnest of excuses. Privacy Commissioner Ann Cavoukian notes in her June 2004 report "Privacy and Access: A Blueprint for Change", that FOIPPA gives the public a legal right to access information and that bodies subject to the acts must apply any exemptions in a “limited and specific” way. Universities will be obliged in law to respond to FOI requests within 30 days. Decisions of university administrators to withhold information may be appealed the Privacy Commissioner, not the university president!
Universities have been rather quite on the imposition of FOI in their responses to the budget. Trent University president Bonnie Patterson neglected to mention the budget will impose Freedom of Information on Trent and the other universities in her press release. COU, the Ontario universities' well funded lobby group, doesn't mention FOIPPA in their May 11 press release in response to the budget. Perhaps being overwhelmed with glee over all that money tends to cause focus in one direction to the exclusion of another?
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Education money has stings attached, Premier warns More new cash demands higher accountability, McGuinty says By Caroline Alphonso Globe and Mail - Saturday, May 14, 2005 Page A14 A $6.2-billion pledge over the next five years for Ontario's universities and colleges comes with strings attached, Premier Dalton McGuinty warned yesterday. "It is simply unreasonable to expect that we're going to flow that much new money into our postsecondary institutions and not demand higher accountability in return," Mr. McGuinty said. The government proposes to extend the jurisdiction of the Freedom of Information Act to Ontario's universities. Also, Mr. McGuinty said that the provincial auditor will be able to go into colleges and universities "to make sure that we're getting a good return on our investment." In its budget this week, the government announced the creation of a new arm's-length body called the Higher Education Quality Council of Ontario to track the performance of universities and colleges. Mr. McGuinty said that, among other things, the government and institutions will set out enrolment and quality-improvement targets. "It's a matter of coming up with objective indicators which are measurable, which are determined by the council and which the council then reports to the public on an annual basis," Mr. McGuinty said. "We can't just send in wheelbarrows full of money to our postsecondary institutions." David Johnston, president of the University of Waterloo, welcomed the Premier's comments, saying that "any public institution requires . . . accountability measures." Universities and colleges did well in Wednesday's budget. The multiyear investment, billed as the largest in 40 years, will be used to expand graduate studies, create more student spaces at the undergraduate level, hire more professors and help repair the student financial-aid system. A year ago, the Premier faced criticism for a budget that imposed a health premium on taxpayers. But yesterday, he received several standing ovations from students and school administrators as he spoke at Ryerson University about his government's planned investments in higher education. Mr. McGuinty looked the most relaxed and assured he has since he took office. His tie was loosened and his sleeves were rolled up. "I didn't ask Bob Rae to prepare that report so I could shelve it. We're moving forward," Mr. McGuinty told a packed room, referring to the report by the former NDP premier that recommended an overhaul of the province's $4.7-billion higher-education system. Mr. McGuinty said that the provincial government held the line on spending in other areas to focus on postsecondary education. "We have years of neglect to overcome," he said. After his speech, student groups, who have usually been critical of past governments, praised Mr. McGuinty for pumping so much into the system. "When the government does something that deserves credit, we will definitely give them credit," said Jesse Greener, Ontario chairman of the Canadian Federation of Students. He suggested that the new money may mean that universities do not need to hike tuition fees after a two-year freeze is lifted in September of 2006. Mr. McGuinty said that the government will work with students, universities and colleges on a new tuition framework. |
| Strings attached to school cash: premier Gillian Livingston - Canadian Press National Post - May 14, 2005 TORONTO -- Premier Dalton McGuinty basked in effusive praise from students and post-secondary administrators Friday, but stressed that the $6 billion in help his government will provide to Ontario's colleges, universities and students comes with strings attached. "It is simply unreasonable to expect that we're going to flow that much new money into our post-secondary institutions and not demand higher accountability in return," McGuinty said after receiving a standing ovation from students and educators at Ryerson University as he delivered his first post-budget speech. The multibillion-dollar investment, to flow over five years, was the centrepiece of his Liberal government's second budget and announced Wednesday. McGuinty said the decision to invest in education after years of cutbacks and neglect came at the expense of other areas. As a result, universities and colleges will have to demonstrate that the increased funding equals improvement. "It's now up to both of us to prove that this was the right choice, by delivering clear improvement and real, tangible results," he told a packed audience of 200 at the university's modest auditorium. Many Ontarians "are somewhat skeptical about this massive investment in post-secondary education at the expense of compromising other areas," McGuinty said. "I've got to be able to say 'look what we've accomplished. . . it's there, you can count it, it's measurable"' he said. "People demand and are entitled to see results," he added. "Public support for our continuing investment in higher education will depend on how well we deliver." The province's universities and colleges will have to sign multi-year performance agreements with the government that will set out targets in enrolment and other areas. The Liberal government's demand for similar agreements with the province's hospitals created an uproar. Deals with post-secondary institutions could include goals to ensure better retention of students, decreasing student-to-faculty ratios and enrolment targets for the children of new immigrants, the disabled, or First Nations people. The government will also create a new Higher Education Quality Council of Ontario to lead these improvements and monitor progress. Universities will now be subject to the Freedom of Information requests and the provincial auditor will be able to examine the books of post-secondary institutions. Post-secondary institutions know that stronger accountability measures have to be implemented along with such an influx of cash, said Paul Davenport, president of the University of Western Ontario in London. Institutions and the government will have to agree on measures that make sense, such as graduation rates, class sizes and faculty hiring figures, he said. "The accountability piece can be done and done well," he said. "I would agree with the premier that if we're going to get these massive investments over the next five years we need to show that they're making a difference." The plan to open universities to Freedom of Information requests is more controversial. "It's not something I would have campaigned for," Davenport said, and the law will have to respect the need for confidentiality on a range of academic issues. The minute-long standing ovation was a complete turnaround from a year ago when McGuinty's post-budget speeches had to sheepishly explain why he ignored his election campaign promise not to raise taxes and instead implemented an expensive new health tax. Then, polite applause was all McGuinty could expect. "I cannot tell you how long I have been waiting," McGuinty quipped, to laughter and applause. The investment in higher education will boost the province's economic success in the future, McGuinty said, but he also described a personal reason for making this choice. Each of the 10 kids in his family pursued a post-secondary education even though money was tight. One of those kids "earned the privilege of serving the people of Ontario as their premier," McGuinty told the crowd. "And it started because I found opportunity, I found a post-secondary system that was affordable, that offered quality," he said. "I won't forget how I got here." |
