Frequently Asked Questions (FAQs)

Access to Information Act and Privacy Act

• How may I obtain access, under the Access to Information Act, to information controlled by federal government institutions?
• Is there a cost to submit a request under the Access to Information Act or the Privacy Act?
• What information is accessible under the Access to Information Act?
• How may I obtain access under the Privacy Act to personal information collected about me?
• When may I expect a response to a 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?

---

How may I obtain access, under the Access to Information Act, to information controlled by federal government institutions?

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 information you are seeking. To do so, you may wish to consult InfoSource, a directory of federal government institutions that lists their activities and 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, you must prepare a written request indicating that your request is being made under the Act. You should be as precise as possible about what you are seeking. Also, include the $5 prescribed application fee , in form of a cheque or money order made payable to the Receiver General of Canada must be included with your request and both must be sent to the appropriate ATIP Coordinator. A complete list of ATIP Coordinators and Offices may be found on the Treasury Board Secretariat's Web site. Please note that additional charges may apply, depending on what may be involved in dealing with a request.

These charges are set out in the Access to Information Regulations. Should you require information about making an Access to Information request to the Office of the Commissioner of Lobbying, please contact:

Operations Directorate
Information and Privacy Rights Administration
Office of the Commissioner of Lobbying
255 Albert Street, 10th Floor
Ottawa ON K1A 0R5

Tel.: 613-941-3394
Fax: 613- 957-3078

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

Each request submitted under the Access to Information Act must be accompanied by a $5 application fee in the form of a cheque or money order made payable to the Receiver General of Canada. This fee entitles the requester to 5 hours of search and preparation carried out by the organization that is responsible for dealing with a request. However, additional charges may be applicable. These additional charges may be related to search, preparation, computer processing, photocopying, etc. as set out 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?

With two exceptions, records, regardless of their format, held under the control of federal government institutions listed in Schedule 1 of the Act are subject to the Access to Information Act. The two exceptions concern documents that are published or available for purchase, and confidences of the Queen's Privy Council (federal Cabinet). Both of these types of information are excluded and are not subject to the Act. With respect to information contained in all other types of records, such information may be subject to specific and limited exempting provisions, for example, personal information, third-party confidential information, or information that is subject to solicitor-client privilege may be exempt from disclosure.

Click here to link to the Access to Information Request Form.

How may I obtain access under the Privacy Act to personal information collected about me?

Each government institution is responsible for managing personal information collected during the course of fulfilling its mandate. You must first determine which institution holds personal information about you. For reference, you may wish to consult InfoSource, a directory of federal government institutions that lists their activities and 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, you must prepare a written request or complete the prescribed form and clearly identify the information you are seeking. Your request should be sent to the appropriate ATIP Coordinator. You must ensure that you have provided sufficient detail to assist the institution in retrieving all personal information about you. There is no fee associated with submitting a request under the Privacy Act.

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

Click here to link to the Privacy Request Form

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

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

The Privacy Act provides for one legal extension of no more than 30 days, which means an 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 access to information. For example, your complaint may involve exemptions applied in relation to the information initially requested, delays in providing a response, fee estimates, etc. A complaint must be made within 60 days from the date the government institution answers 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

Toll-free: 1-800-267-0441 or
Tel.: (613) 995-2410 (National Capital Region)
Fax: (613) 947-7294

Email: general@infocom.gc.ca
Web site: http://www.infocom.gc.ca/

If you wish to file a complaint under the Privacy Act, it must be submitted in writing to:

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

For all general inquiries to that office, contact:

Toll-free 1-800-282-1376
Tel.: 613-995-8210
Fax: 613- 947-6850
TTY: 613-992-9190
Web site: http://www.privcom.gc.ca/

Please 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 related 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.