FAQs

• How can I access government information under the Access to Information Act?
• Is there a cost to submit a request under the Access to Information Act and the Privacy Act?
• What information is accessible under the Access to Information Act?
• How can I access my personal information under the Privacy Act?
• When can I expect a response to my request submitted under the Access to Information Act or the Privacy Act?
• When may I submit a complaint under the Access to Information Act or the Privacy Act?
• Is there a cost to submitting a complaint and having it investigated?
• What is the Personal Information and Protection of Electronic Documents Act (PIPEDA)?

How can I access government information under the Access to Information Act?

There is no central access to information site for the federal government. Each department and agency that is subject to the Act is responsible for maintaining its own Access to Information and Privacy (ATIP) Office.

You must first determine which government institution holds the documents you are seeking. For reference, you may wish to consult InfoSource, a directory of federal government institutions, their activities and their information holdings. InfoSource is available on the Government of Canada Internet site and may also be found in most libraries, constituency offices of Members of Parliament and all federal government departmental Access to Information and Privacy Offices.

Once you have determined which institution holds the information you are seeking, prepare your written request referring to the Act, be as precise as possible. Also, include the $5 prescribed application fee (cheque or money order made payable to the Receiver General of Canada) and send it to the appropriate ATIP Coordinator. For a complete listing of ATIP Coordinators and Offices, visit Treasury Board Secretariat's Web site. Note that additional charges may be levied in keeping with the regulations of the Act.

Should you require information about the Office of the Registrar of Lobbyists, visit our Web site.

Is there a cost to submit a request under the Access to Information Act and the Privacy Act?

Each request submitted under the Access to Information Act must be accompanied by a $5 application fee (cheque or money order made payable to the Receiver General of Canada). This application fee entitles you to 5 hours of search and preparation. However, additional charges may be applied during the course of processing your request. These additional charges may be related to search, preparation, computer processing, photocopying, etc. as identified in the Access to Information Regulations.

There are no fees associated with submitting a request under the Privacy Act.

What information is accessible under the Access to Information Act?

Records, regardless of the format, held under the control of a federal government institution (listed in Schedule 1 of the Act) are subject to the Access to Information Act. There are two exceptions: documents that are published or available for purchase and confidences of the Queen's Privy Council. Both are excluded and, therefore, are not subject to the Act. With respect to information contained in all other types of records, it may be subject to specific and limited exempting provisions (e.g. personal information, third-party confidential, solicitor–client privilege, etc.).

Access to Information request form

How can I access my personal information under the Privacy Act?

Each government institution is responsible for managing personal information collected during the course of its mandate. You must first determine which institution has your personal information. For reference, you may wish to consult InfoSource, a directory of federal government institutions, their activities and their information holdings. InfoSource is available on the Government of Canada Internet site and may also be found in most libraries, constituency offices of Members of Parliament and all federal government departmental Access to Information and Privacy Offices.

Once you have determined which institution holds your personal information, prepare a written request or complete the prescribed form and clearly identify the information you are seeking. Forward your request to the appropriate ATIP Coordinator. Ensure that you have provided sufficient details to help the institution retrieve all of your personal information. There is no fee associated with submitting a request under the Privacy Act.

For a complete listing of ATIP Coordinators and Offices, visit Treasury Board Secretariat's Web site.

Privacy request form

When can I expect a response to my request submitted under the Access to Information Act or the Privacy Act?

Both Acts allow for a legal response time of 30 calendar days from the date of receipt of an official request. The Acts also allow for legal extensions to this first 30 calendar-day response time.

The Privacy Act provides for one legal extension of no more than 30 days, which means the institution may take up to 60 days to provide you with a response. The Access to Information Act also provides for a legal extension to the response time for reasons such as the volume of requests and consultations with other parties. You will be notified should an extension of the response time be required under either Act.

When may I submit a complaint under the Access to Information Act or the Privacy Act?

You may lodge a complaint with the Office of the Information Commissioner about any matter related to the administration of the Access to Information Act following submission of a formal request. For example, your complaint may involve exemptions applied, delays in providing a response, fee estimates, etc. A complaint must be made within one year from the date the government institution received your written request. Complaints must be submitted in writing to:

Office of the Information Commissioner of Canada
Place de Ville, Tower B
112 Kent Street, 22nd Floor
Ottawa ON K1A 1H3

Tel.: (613) 995-2410 or 1-800-267-0441
Fax: (613) 947-7294
Web site: http://www.infocom.gc.ca/menu-e.asp

If you believe that a government institution has not respected your privacy rights, you may submit a complaint in writing to:

Office of the Privacy Commissioner
Place de Ville, Tower B
112 Kent Street, 3rd Floor
Ottawa ON K1A 1H3

Tel.: (613) 995-8210 or 1-800-282-1376
Fax: (613) 947-6850
Web site: http://www.privcom.gc.ca/

Note that government institutions must abide by established retention and disposal schedules in keeping with the National Archives Act. Personal information is kept, on average, a minimum of two years from the date of the last administrative action.

Is there a cost to submitting a complaint and having it investigated?

Both the Information and Privacy Commissioners function as ombudsmen. As such, there is no cost to you for the investigation of a complaint.

What is the Personal Information and Protection of Electronic Documents Act (PIPEDA)?

In an era in which technology increasingly facilitates the circulation and exchange of information, PIPEDA governs the collection, use and disclosure of personal information in a manner that recognizes the right of privacy of individuals with respect to their personal information and the need for organizations to collect, use or disclose personal information for purposes that a reasonable person would consider appropriate under given circumstances.

Part I – Protection of Personal Information in the Private Sector

Part I of the Act applies to every organization with respect to personal information that:

• the organization collects, uses or discloses during the course of commercial activities; or
  
  
• pertains to an employee of the organization and that the organization collects, uses or discloses in connection with the operation of a federal work, undertaking or business.

Part I of the Act does not apply to:

• any government institution to which the Privacy Act applies;
  
  
• any individual with respect to personal information that the individual collects, uses or discloses for personal or domestic purposes and does not collect, use or disclose for any other purpose; or
  
  
• any organization with respect to personal information that the organization collects, uses or discloses for journalistic, artistic or literary purposes and does not collect, use or disclose for any other purpose.

Part II – Electronic Documents

Part II of the Act provides for the use of electronic alternatives where federal laws contemplate the use of paper to record or communicate information or transactions.

For a copy of the Personal Information and Protection of Electronic Documents Act, visit the Department of Justice Canada Web site.