What you can request
The Act covers records held by approximately 265 federal institutions, including departments, agencies, and many Crown corporations. 'Record' is defined broadly and includes letters, memoranda, emails, reports, photographs, recordings, and machine-readable records.
A person's own personal information is requested under the Privacy Act rather than the Access to Information Act. If a record contains both general information and the requester's own personal information, the institution may process the request under both Acts.
How a request works
An access request has five parts:
- The institution that holds the records is identified first; the Info Source directory lists each institution's holdings.
- The request is made on the Access to Information Request Form or by letter, describing the records clearly enough for an experienced employee to find them.
- A $5 application fee applies per request (Access to Information Regulations, s.7); the head of the institution may waive it.
- Requests are submitted through the ATIP Online Request Service (atip-aiprp.tbs-sct.gc.ca) where the institution participates, or by mail.
- The institution has 30 days to respond (s.7) and may extend the deadline in the circumstances set out in s.9.
Exemptions
Some records are exempt from disclosure. Common exemptions include information that could harm national security, international affairs, or law enforcement, personal information of third parties, and solicitor-client privilege. Cabinet confidences are excluded from the Act altogether (s.69).
Exemptions can be mandatory (the institution must refuse) or discretionary (the institution may refuse). Where possible, exempt parts are severed and the rest is disclosed.
If your request is refused or delayed
A complaint can be made to the Information Commissioner of Canada within 60 days (s.31). The Commissioner investigates and can issue binding orders to institutions (s.36.1).
The Commissioner's orders can be reviewed by the Federal Court.
What makes a request effective
Specific requests with a defined time frame are processed faster; vague requests are clarified or narrowed by the institution.
Institutions search by the terms used in the request, so alternate keywords widen the search.
The only fee is the $5 application fee; the head of the institution has discretion to waive it (s.11), although the Act contains no public-interest test.