On June 10, 2006 Ontario's universities must be in compliance with the provincial Freedom of Information and Protection of Privacy Act (FOIPPA). Bill 197, which contains amendments to bring universities under the Act, specifies compliance commences six months after the bill receives royal assent, which it did on December 12, 2005. David Noble, a professor at York University, was informed by Ontario's Management Board Secretariat that the effective date for universities to comply will be June 10, 2006. While we expect managers of our publicly funded universities will attempt to develop strategies to avoid disclosure, FOIPPA imposes a regime of disclosure and avenues to appeal denials that cannot be circumvented. "It's a new ball game. Universities have been forced, kicking and screaming, a step closer to accountability," said Noble.

Compliance with FOIPPA means universities will no longer be able to summarily dismiss annoying requests for information without either explanation or avenue for appeal. Rather, FOI requests must be answered in compliance with the Act inclusive of responding with a required level of detail within 30 days.

Should an applicant not be satisfied with a university's response to an FOI request in any respect (not enough detail, reasons for denial not viable, etc.) the applicant may appeal to the Privacy Commission. This is a vast improvement over current practices where, more often than not, the avenue for appeal is to the university president herself, the very administrator who more than likely was responsible for refusing the request for disclosure in the first place.

Ontario's universities have long been exempted from FOIPPA and have justified this on the basis that they have imposed self-compliance with the Act, and that they have had both budget and administrative structures in place to do so.

Given their persistent claims to have self-policed thier own compliance with the Act, universities should find it a simple matter to comply with the Act proper by simply shifting the focus of existing bureaucratic structures and budgets. But university administrators, such as Trent president Bonnie Patterson, are already complaining that compliance with Freedom of Information legislation will be expensive;

Bonnie also reminded those at the [board of governors] meeting that universities will be subject to the Freedom of Information and Protection of Privacy Act within six months time. She stated it will cause "a considerable amount of work" for the university administration, and be "a significant expense item" for the budget. "On the other hand, it is law, and so we will accommodate it," she concluded.

Might not a reasonable person ask if university boards and administrators were misleading the public in the past by claiming compliance, or if they are misleading us now by suggesting compliance will impose new work regimes and cost burdens? Try as they might, universities cannot have it both ways.

The public must not be lulled into believing they need more tax dollars to comply with FOIPPA. In our view universities, and Trent in particular, do not require more staff or budget to comply with freedom of information legislation.

Sharpen you pencils and prepare your Freedom of Information requests. Come June 10, 2006 it's a new ball game.