Ontario’s Privacy Commission Orders City of Hamilton to Answer Phones or Respond to Emails – Again

Hamilton’s freedom of information manager has been ordered to respond to emails and phone calls by Ontario’s Information and Privacy Commissioner — making it the only municipality in Ontario currently subject to such an order.

In a written order, IPC Case Lead Kelley Sherwood writes the City of Hamilton is not responding to communications from the Commission.

“On April 23, 2025, I asked the respondent for an update, advising that I would proceed to an expedited inquiry if I did not receive a response by April 30, 2025. I did not receive a response from the respondent,” reads the ruling. “On May 22, 2025, I reminded the respondent of the deadline, but did not receive a response.”

It is not the first time the City of Hamilton has violated Ontario’s freedom of information laws by refusing to respond to the Commissioner.

In September 2023, before the City’s February 2024 cybersecurity failure, the IPC found the City refused to respond to the Commissioner during a FOI inquiry.

In June 2023, the City used similar tactics to frustrate a freedom of information request.

“I sought representations from the city by sending them a Notice of Inquiry, but did not receive representations from them,” ruled IPC Adjudicator Cathy Hamilton. “IPC staff contacted the city by email on two occasions to ask when the city would be providing representations. The city confirmed that they had received the Notice of Inquiry and advised staff they would be providing representations to the IPC. However, the city has not submitted any representations, nor did it request an extension of time in which to submit their representations to the IPC.”

The City of Hamilton has been repeatedly cited by the IPC for failing to follow the freedom of information process in cases MO-3752-I, MO-3764-I, and MO-3771.

In MO-3771, an IPC Adjudicator publicly chastised the City of Hamilton, writing:

“I feel it necessary to point out that the city … did not participate in the inquiry of the appeal. I remind the city of its obligations as an institution under the Act” after the City Clerks “did not respond to the letter or to the mediator’s voice message.”

In November 2022, the IPC had to order the City Clerks’ Manager of Privacy Records to explain how the City’s FOI office can claim not to have basic records it is required to keep by law.

There are 444 municipalities in Ontario. The City of Hamilton is the only one currently subject to a written order to respond to emails and voice messages.

City Council has no plans to review the City’s freedom of information practices.

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Published: July 1, 2025
Last updated: July 1, 2025
Author: Joey Coleman

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