How access to information and personal information requests work
From the Secretariat of the Treasury Board of Canada
Do you wish to make a request and acquire additional information regarding the procedure? The following is additional information regarding the operation of requests for access to information and personal information, as well as the manner in which the Canadian government protects your privacy when dealing with your personal information.
How access to information and personal information requests work
Citizens of Canada, permanent residents of Canada, and any other person or corporation that is physically present in Canada are all granted the right to access the records of government institutions that are subject to the Access to Information Act by that Act. The Act is intended to supplement other policies and procedures already in place to make information held by the government accessible to the general public. These policies and procedures include open government initiatives and proactive disclosure of travel and hospitality expenses, contracts, and other information that is frequently requested.
It’s possible that the Canadian government will collect personal information from Canadian citizens so that it can better serve them. Everyone has the right under the Privacy Act to access their own personal information that is held by government institutions that are subject to the Act. Additionally, the Privacy Act protects personal information from unauthorised collection, use, retention, and disclosure.
What are the roles and responsibilities of institutions concerning my request?
The Access to Information Act and the Privacy Act hold government institutions that are subject to them accountable for the manner in which the acts are applied within their respective institutions. According to Section 4(2.1) of the Access to Information Act and the Access to Information and Privacy Policies of the Government, it is the responsibility of every government institution to assist individuals who have made requests for information.
Access to Information and Privacy Coordinators are located in every department and agency of the government. It is the responsibility of the Coordinators to ensure that any requests for access to information or for personal information that are received by the institution are responded to in a manner that is in compliance with the Acts. Online, you can find both a list of all of the Access to Information and Privacy Coordinators as well as their contact information.
It is the responsibility of government institutions to provide descriptions of their programmes, activities, related information holdings, and personal information banks that are complete, accurate, and up to date. You can access this inventory through the online system. In addition to this responsibility, they are accountable for the management decisions and practises that pertain to the handling and protection of personal information.
In accordance with the Library and Archives of Canada Act, the federal agency known as Library and Archives Canada is entrusted with a variety of responsibilities that include the protection of records that are of historical or archival value, as well as the formulation of policies regarding the disposal of records once their retention period has come to an end. It is possible to gain access to the records of other government institutions that have been brought to Library and Archives Canada for the purpose of being preserved.
Both the Access to Information Act and the Privacy Act give the President of the Treasury Board of Canada, in his capacity as designated Minister, overall responsibility for the administration of the Acts across the entirety of the Canadian government. These responsibilities are taken care of on behalf of the President by the Secretariat of the Treasury Board of Canada. These responsibilities consist of the following:
drafting and implementing policies applicable across the entire government to facilitate the administration of the Acts;
Providing government institutions with administrative training, tools, and support in relation to the administration of the Acts;
ensuring that an inventory of information about the programmes, activities, and information holdings of government institutions that are subject to the Acts is published (this inventory is also referred to as “Information About Programs and Information Holdings”);
Collecting data on the effectiveness of government programmes pertaining to access to information and privacy and releasing an annual statistical report; and
yearly publication of a synopsis of decisions made by federal courts that are related to the Acts.
Certain sections of the Acts fall under the purview of the Minister of Justice. For instance, the Access to Information Act section 16(1)(a) requires the Minister of Justice to name the investigative bodies that are authorised to conduct investigations. The Minister of Justice is backed up in the execution of those responsibilities by the Department of Justice.
How do I make a request for government records or my personal information?
You have the ability to make a request for access to information under the Access to Information Act if you are interested in gaining access to the records of the government in general.
You are able to make a request for personal information in accordance with the Privacy Act if you are interested in gaining access to your own personal information that is held by an institution that is run by the government.
Learn more about the process of making a request for access to information or personal information by reading about it. There is additional information available.
Will I be charged fees?
Under the terms of the Privacy Act, submitting a request to access your personal information will not cost you anything.
There is a $5 application fee that must be paid in order to make a request for access to records under the Access to Information Act.
How long will it take to process my request?
In the case of a request for access to information or a request for personal information, governmental institutions have a deadline of thirty days to respond. If you are able to provide the institution with more specific information regarding your request, it is possible that they will be able to process it more quickly.
A request that was made in accordance with the Access to Information Act may be granted an extension beyond the initial 30 days if the request involves a significant number of records, or if consultations with other government institutions or third parties are required because the records include information that was provided by them. You will be notified within the first 30 days if an extension is necessary, and you will be given the reason why more time is required at that point.
If meeting the 30-day deadline would unreasonably interfere with the operation of the government institution, or if consultations with other government institutions or third parties are required, the government institution may request an extension of up to 30 additional days for a request for personal information made in accordance with the Privacy Act. You will be notified within the first 30 days if an extension is necessary, and you will be given the reason why more time is required at that point.
Will I have access to all the information in my request?
The Canadian government released an updated version of the Directive on Access to Information Requests on July 13, 2022. It provides institutions with direction on how to administer the Access to Information Act in a manner that is consistent with the commitment of the government to operate in a more open and transparent manner. The Directive enshrines the principle of “open by default,” and it emphasises the important purpose of the Act, which is to enable public debate on the conduct of government institutions, thereby strengthening the accountability of the government to its citizens.
On the other hand, the Access to Information Act and the Privacy Act stipulate that certain information cannot be disclosed to the public. It is necessary to withhold certain information in order to protect other important democratic values, such as concerns regarding national security, as well as the privacy of individuals’ personally identifiable information.
There are certain categories of data that are exempt from the regulations imposed by the Acts. This category includes, for instance, information that is already accessible to the general public, publications or material collected in libraries and museums, as well as Cabinet confidences.
In addition, certain categories of information are shielded from public disclosure by the Acts. Exemptions, for instance, prevent the release of information that pertains to matters such as national security, law enforcement, trade secrets, personal information, and advice given to ministers. There are times when the exemption is required, and there are other times when it is up to the discretion of the government institution.
Sometimes there are no records that respond to your request, or the records may not be under the control of the government institution that receives your request. Another possibility is that the records are located outside of the United States. In the case of requests for access to information, if another institution of the federal government is more likely to possess the relevant records, your request may be forwarded to the relevant institution. If the requested information is held by a public body at the provincial or municipal level, or by a private institution such as a commercial bank or credit bureau, the request will not be transferred.
How do I view records?
You have the option of receiving records either digitally or through the mail. You also have the option, should you so choose, of making arrangements with the government institution in question to view the records in person. These arrangements can be made through the Access to Information and Privacy Coordinator.
In most cases, the records will be presented in the language in which they were originally drafted. You have the ability to make a request for the records to be translated into either English or French. There are some restrictions that apply to requests to have something translated into another language. If the government agency believes that a translation would be beneficial to the general public, then they will agree to comply with your request for one to be made. You will be given the records that you have asked for, provided that the other language’s version of the records already exists.
You have the right to request that the documents be delivered to you in an alternative format if you have a disability that affects your ability to sense things. Requests for documents in a different format may be subject to certain restrictions. Your request will be granted if the government agency you contacted determines that it is appropriate and necessary to provide the records in question to you in a format of your choosing so that you may make use of the access rights that are yours.
You also have the option of requesting the information in a format that is both public and re-usable, such as a form that a computer is able to read and use. According to the Directive on Access to Information Requests, government institutions are required to comply with such a request whenever it is practical to do so.
How do I correct my personal information?
You have the right to request that corrections be made to the information that a government institution has on file about you if you believe that the information contains an error or that the information is missing. If the institution is on board with the change, they will incorporate it into their file. Even if the institution does not consent to change the information that is currently stored in the record, the institution is obligated to make a note of your request for correction and append it to the record.
Within the past two years, they may have also provided your information to other government institutions. The institution that is part of the government will communicate with the other institutions in order for them to make the same correction or notation.
When you read about how to make a request for access to information or personal information, you can also learn more about how to correct any errors in your own personal information.
How do I make an access to information or privacy complaint?
You have the right to file a complaint with the Office of the Information Commissioner of Canada if you feel that your request for access to information was not processed properly or if the records that were provided to you were not satisfactory.
You have the option of filing a complaint with the Office of the Privacy Commissioner of Canada (OPC) if you are dissatisfied with the manner in which your request for personal information is processed, with the information that is provided to you, or with the way in which your personal information has been handled or protected.
Both Commissioners accept complaints regarding access to records held by government institutions that are subject to the Access to Information Act or the Privacy Act, and independently investigate those complaints. The Commissioners may also initiate their own complaints regarding any aspect of access to records. In the event that it is deemed necessary, they are also able to initiate or participate in court proceedings. They are required to report to Parliament on an annual basis regarding their activities, and they have the ability to issue a special report to Parliament at any time on any significant subject that falls within the scope of their powers, duties, and functions.
The Privacy Commissioner is also authorised to investigate the procedures followed by government agencies in relation to the gathering, storage, verification, use, dissemination, and destruction of personally identifiable information.