In Canada, Freedom of Information (FOI) rights are entrenched in the federal Access to Information Act and provincial Freedom of Information and Protection of Privacy Acts .
FOI LEGISLATION gives you the following rights:
- the right of access to government records, with some specified exceptions, and
- the right to appeal to an independent commissioner if you think a public body has not responded correctly to your access request.
If you are seeking your own personal information, go to How to Request Your Personal Records.
To request government records, you will need to establish which FOI legislation applies to the public body from which you are seeking records. If you are not sure, call the public body directly to find out, or:
Federal government - If you think it is a federal government body, call the federal information directory at 1-800-667-3355, or
British Columbia - If you think it is a British Columbia provincial public body, Call the BC government's information directory, Enquiry BC, at:
(604) 660-2421 in the Lower Mainland,
(250) 387-6121 in Victoria, or
1-800-663-7867 elsewhere in the province.
If you are calling from within BC, Enquiry BC will also connect you without charge to a provincial government body.
Other provinces and territories - Choose the most likely jurisdiction below and follow the links to contact numbers.
Federal government.
British Columbia.
Ontario.
Quebec.
Alberta.
Saskatchewan.
Manitoba.
Newfoundland.
New Brunswick.
Prince Edward Island.
Nova Scotia.
Nunavut.
Yukon.
Northwest Territories.
Here's what you need to know before you make a request for information under the federal Access to Information Act ("ATI Act"):
The ATI Act gives you the following rights:
- the right of access to records in the custody or control of federal public bodies.
- the right to ask the federal Information Commissioner to investigate situations where information and privacy practices are in question.
The act recognizes records as being any books, documents, maps, drawings, photographs, letters, vouchers, papers, and information that is recorded or stored on a computer, audio cassette, or videotape.
Most federal government bodies in Canada are covered by the ATI Act, but not all. For a list of bodies covered, go to http://www.tbs-sct.gc.ca/gos-sog/psgos/ATIP-Coords_e.html
The ATI Act does not apply to private businesses, societies or associations.
Requests for records must be in writing. You can either fill out an Information Access Request Form or simply write a letter to the appropriate public body requesting the records you seek and specifying that you are making the request under the ATI Act. FIPA has prepared model letters for applicants.
Each request filed under the Access to Information Act costs $5 (money order or cheque payable to the Receiver General of Canada). There may be additional charges if copying, computer processing or search and preparation time is required.
The first five hours of search and preparation are free, and most institutions will not charge processing fees if they are below $25.00. Ask what portion of your fees cover search and preparation time.
IMPORTANT TIP: You are entitled to seek a refund or fee waiver if you are on a low income, a student, journalist, or are otherwise "working for the public and educational interest." If you intend to ask for one, you should indicate so in your request. Make sure that you include your reasons for doing so, such as those mentioned above. (You can also ask to view the records in a reading room, instead of having them all photocopied, to save costs.)
Most requesters pay no fees beyond the initial $5 charge, but in some cases a fee estimate can run to thousands of dollars. In such cases, you may appeal to the Information Commissioner for a review of the estimate.
Money orders or cheques must be made payable to the Bank of Canada when access requests are sent to that institution.
Most government information is available, but the ATI Act contains legal "exemptions" and "exceptions" from disclosure, and the federal government tends to use these liberally. Major exceptions are:
- cabinet documents and documents containing policy advice
- information which if released could be injurious to Canada's security or economy, federal-provincial relations or international affairs
- documents subject to solicitor-client privilege
- documents the release of which could harm law enforcement, public health and safety, or the business interests of government or a third party
- information about other individuals. This information may be disclosed only with the individual's consent or if it is found to be in the public interest. Individuals can obtain their own personal information under the Privacy Act.
Most provincial Information and Privacy Commissioners have the power to order their government to release records or waive fees, but the federal Commissioner regrettably does not. This is one reason the latter can appeal on your behalf to the Federal Court. If he does not, you have the option to do so yourself.
The institution has 30 days in which to respond to a formal request. (No time limit applies to informal requests.) If a lengthy or complex search is required to locate the information, then the institution is entitled to have more time. You should be notified of any need to extend the time limit. Most requests are completed within 60 days total.
When all or part of the information concerns a third party (a person or organization other than the requestor or a government institution), the government institution must notify the third party. The third party may initiate Federal Court proceedings to oppose release of the information.
Establish which public body most likely has the information you want. If you need help, here are three options:
- Call the Government Division of your local public or university library. They should be able to guide you to the right body, and even help you through the process.
- Call the federal government's information directory at 1-800-667-3355
- Consult Info Source, a directory of federal government institutions and the information they hold. Web page: http://infosource.gc.ca/Info_1/index-e.html
Info Source is also found in most libraries, constituency offices of Members of Parliament and Canada Employment and Immigration offices. It can also be obtained from the Treasury Board Distribution Centre, 9th floor, L'Esplanade Laurier, East Tower, 140 O'Connor Street, Ottawa, Ontario, Canada, K1A 0R5; telephone: (613) 995-2855.
The information you want can often be obtained informally through "routine release", simply by asking the public body. Find out if the information you want is available without a formal ATI request. It is best to use the ATI Act only as a last resort, since the process can be time-consuming and costly.
Also, a great deal of information has been put on government web pages in the past few years - you can word-search for this using the following search engine: http://www.canada.gc.ca/.
If you know which federal government body holds the information you seek, go to their website or call them first, using the federal government information service: 1-800-667-3355.
Ask if the information or record that you are trying to obtain is freely available to the public. For example:
- answers to questions that do not require access to records.
- government publications and automated information services.
- general information that is not exempt under the act.
- personal information in records that are "publicly available" (such as registries of land titles, companies, societies, and personal property).
To find out who the ATIP Coordinator is for the public body, use the federal government information service: 1-800-667-3355 or look on the Infosource web page.
If you need to make a formal request under the Access to Information Act, you will need to send either a letter or a completed "Access to Information Request Form " to the address of the government institution listed in Info Source along with the $5 application cheque, made out to the "Receiver General." The form is not necessary, but some requesters are more comfortable using it. Forms can be obtained at the same locations as Info Source.
Model letters for applicants
Access to Information Request Form
In your letter, make it plain that you are asking for the records you want "under the ATI Act," and sign it.
It's important to be as specific as possible in your description of the records, to save everyone time and expense.
Use a separate letter or form for each request. Indicate that you are willing to negotiate the scope of your request.
If you don't mind the expense, it can be helpful to get in contact by phone with the Access to Information and Privacy Coordinator for the public body and ask for guidance in making your request. To find out who the ATIP Coordinator is for the public body, use the federal information service look on the Infosource web page.
Keep in touch with the department. Provide your phone number on your request, and call or write the department if you have not received a response within 30 days. Keep detailed records of all of your communications with the department. Make copies of all of the related correspondence you receive.
Excessive delay in responding to requests is common and we strongly advise requesters not to let a public body draw the process out indefinitely. Extensions beyond 60 days should not be tolerated, but should be made the subject of a complaint to the Information Commissioner.
As mentioned earlier, the public body must respond to your request within 30 days, but they are entitled to have more time if a lengthy or complex search is required to locate the information, or a third party must be informed about the release of information. The public body must notify you of any need to extend the time limit.
You may lodge a complaint with the Office of the Information Commissioner about any matter related to the Access to Information Act. For example, you may complain if you have made a written request for information and you believe that you have been improperly denied information; if the institution's response to your request has taken too long; or if the charges are too high. You may also lodge a complaint if you didn't receive the information in the official language of your choice.
Your complaint must be made within one year of the date the government department received your written request.
Complaints are made to Information Commissioner John Reid, 22nd floor, 112 Kent Street, Ottawa, K1A 1H3. Phone 1-800-267-0441. Fax 613-947-7294, http://www.infocom.gc.ca.
Here's what you need to know before you make a request for information under BC's Freedom of Information and Protection of Privacy Act ("FOIPP Act")
BC's FOIPP Act, in force since 1993, allows the public to obtain records from more than 2,000 public bodies, including municipalities and self-governing professional bodies. See http://www.oipcbc.org/legislation/
BC's FOIPP Act gives you the following rights:
- the right of access to records in the custody or control of public bodies. This includes access to your own personal information,
- the right to have the privacy of your personal information held by public bodies protected in accordance with specific rules,
- the right to request corrections to your personal information, and
- the right to ask the Information and Privacy Commissioner to investigate situations where information and privacy practices are in question.
The act recognizes records as being any books, documents, maps, drawings, photographs, letters, vouchers, papers, and information that is recorded or stored on a computer, audio cassette, or videotape.
Public bodies include most provincial government bodies, including ministries, agencies, boards, commissions and Crown corporations.
The Act also covers what are called local public bodies. These include municipalities, school boards, hospitals, universities and colleges, and city police departments (but not the RCMP Ð see the federal Access to Information Act).
Also covered are the governing bodies of the self-governing professions such as the College of Physicians and Surgeons and the Law Society of B.C.
The act does not apply to private businesses, societies or associations.
For a partial list of public bodies covered by the FOIPP Act, go to http://www.oipcbc.org/legislation/FOI-ACT%20(2004).pdf (scroll down to Schedules 2 and 3)
There is no charge for making an FOI request, but there may be fees for various services associated with fulfilling your request. However, public bodies may not charge you for access to your own personal information.
You are entitled to seek a refund or fee waiver for any fees you think may be levied, provided you have a valid reason. If you intend to ask for one, you should indicate so in your initial request (see more at "Fees and fee waivers" below).
Most government information is available, but the FOIPP Act contains legal "exceptions" that allow the withholding of some information. Major exceptions are:
Section 12: Cabinet confidences.
Section 13: Policy advice or Recommendations.
Section 14: Legal advice.
Section 15: Law enforcement information.
Section 16: Harm to intergovernmental relations.
Section 17: Financial or economic harm to government.
Section 18: Conservation of heritage sites.
Section 19: Harm to individual or public safety.
Section 20: Information soon to be published.
Section 21: Harm to private business interests.
Section 22: Harm to personal privacy.
If one or more exceptions apply, a public body may delete or "sever" the excepted information and release the rest of the record to you.
Public bodies tend to apply the exemptions too broadly. If your request is refused or information is severed on the basis of one or more of the above exceptions, and you feel it may not be justified, you should appeal for review to the Information and Privacy Commissioner.
The public body has 30 working days in which to respond to a formal request, but it may extend this for another 30 days or even more under certain circumstances.
If a public body needs additional time to respond, it must tell you so and explain why. It also must tell you when you can expect its full response, and you have the right to complain to the Information and Privacy Commissioner if you think the additional time is not justified.
In the past, most requests were completed within 60 days, but government budget cuts since 1998 have caused a loss of staff and increasing delays. Excessive delay should be brought to the notice of the Commissioner (see more below under "Delays").
First, make sure you know which public body has the information you want. If you are unsure which it is, you can:
Call Enquiry BC, the provincial government information directory at:
(604) 660-2421 in the Lower Mainland,
(250) 387-6121 in Victoria, or
1-800-663-7867 elsewhere in the province.
Ask who the Information and Privacy Officer is for the public body, and ask to be transferred to speak with him/her.
You can speak with (or fax) provincial government officials by long distance for free through Enquiry BC. Just ask them to transfer you to that number. They can also give you the mailing address.or contact FIPA at 604-739-9788 or email fipa@fipa.bc.ca
The FOIPP Act is not meant to replace the normal avenues by which government information flows to the public. It is best to rely on "routine release" when possible and use the Act only as a last resort. The FOI process can be time-consuming and costly.
Before using the Act, you should find out whether the information you seek is available without a formal FOI request. Every day, questions are answered, information is posted on websites and government publications are released. Much more information has been put on government websites in the past few years; you can word-search for this using the search engine at http://datafind.gov.bc.ca/
If you know the government department that most likely has the information or records you seek, call it first. Ask the Information and Privacy Director of the public body if the information you want is available without an FOI request.
Requests for records must be in writing. Write to the Information and Privacy Office of the public body that has the records you want, and state expressly that you are asking for the records "under the Freedom of Information and Protection of Privacy Act". Use a separate letter for each request.
Describe the records you are seeking as clearly and completely as possible. It's important to be specific in your description, to save everyone time and expense. The Information and Privacy Officer will usually be willing to help you with this. Indicate that you are willing to negotiate the scope of your request.
FIPA has prepared model letters for FOI requesters.
If you wish, you can fill out a "Request for Access to Records" form, which you can find here.
The form is not necessary, but some requesters are more comfortable using it.
Keep in touch with the Information and Privacy Office. Include your phone number on your request, and call or write the office if you have not received a response within 30 working days. Keep detailed records of all of your communications with the government. Make copies of all of the related correspondence you receive.
Excessive delay in responding to requests is common. FIPA strongly advises requesters to be aware of this and not let a public body draw the process out indefinitely.
As mentioned earlier, the public body must respond to your request within 30 working days. This means that, within this period, they must either provide the records you requested, refuse to provide them in whole or in part, request clarification from you on what you are seeking, or notify you officially that they need more time to fulfil the request.
Failure to respond within 30 days is a "deemed refusal" in law (is legally considered to be a refusal) and you may complain to the Information and Privacy Commissioner.
A public body is entitled to extend the response period for an additional 30 working days under certain circumstances, including cases where: the requester has not provided enough detail to identify the records, a large number of records is requested or a lengthy or complex search is required to locate the information, or more time is needed to consult with a third party or another public body
If a public body extends their response time, they must tell you: the reason for the extension, when you can expect a response, and that you may contest the extension to the Information and Privacy Commissioner.
A public body may take more than 60 working days to respond to your request with the special permission of the Information and Privacy Commissioner.
As a general principle, FIPA maintains that extensions beyond 60 working days should not be tolerated, but should immediately be appealed to the Information and Privacy Commissioner. (See "Complaints and appeals" below.)
The above is a simplified description of allowable time frames for responding to requests. For more details, see sections 7, 10 and 11 of the FOIPP Act
There is no fee for making a request. If you are requesting general (not personal) information, you may be charged for various services associated with fulfilling your request. Access to your own personal information is free.
Under the B.C. Act, the first three hours a public body spends searching for and retrieving records is free, but you may be charged $7.50 per 1/4 hour for additional search and retrieval time. The same amount is charged for shipping and otherwise preparing the records for disclosure. The cost of photocopies is 25 cents per page.
Important note: A public body may not charge for time spent severing (deleting) information from records. Sometimes government staff who prepare records for disclosure are not thoroughly trained in FOI implementation and they may not understand this fact, so you should make sure you have not been charged for severing.
If a public body intends to charge you a fee for records, it must give you a fee estimate and you may be required to pay a deposit in advance. During the period between the time you are given the estimate and the fee or deposit is agreed upon and either paid or waived, the 30-day response period is suspended.
To save costs, you can ask to view the records in a reading room, instead of having all of them photocopied.
You are entitled to ask for a refund or fee waiver for any fees that are levied, and if you intend to do so, you should do it in your initial request. A fee will not be waived unless you ask for a waiver. The public body must respond in writing within 20 days after receiving your request for a fee waiver.
If you are seeking a refund or fee waiver you must state a valid reason in writing. The decision whether to accept your reason is up to the public body, but their decision may be appealed to the Commissioner.
The Act states that you may be excused from paying a fee if: you cannot afford the fee or for any other reason it is fair to excuse payment, or the record relates to a matter of public interest, including the environment or health or safety.
Regrettably, a fee estimate can run to thousands of dollars in difficult cases. And be warned: the bar of eligibility for fee waivers has been set very high by both the government and the Commissioner. But as stated, you may appeal an unjustified fee to the Commissioner, who has ordered some fees waived for those seen as working in the "public interest."
You may make a complaint to the Office of the Information and Privacy Commissioner about any matter related to the FOIPP Act. For example, you may complain if you believe you have been improperly denied information; if the institution's response to your request has taken too long; if any fees levied are too high; or if if your fee waiver is unfairly refused
Important note: Your complaint must be made in writing within 30 days of the day you receive the public body's written response to your request. Attach a copy of your original request to the public body and, if you have received a letter of response from the public body, attach a copy of that as well.
Complaints and appeals are free and are made to:
Office of the Information and Privacy Commissioner 4th floor, 1675 Douglas Street
Victoria, BC, V8V 1X4
http://www.oipcbc.org
Phone 250-387-5629. Fax 250-387-1696 (For toll-free transfer, call Enquiry BC at 604-660-2421 or 1-800-663-7867 outside the Lower Mainland).)
A portfolio officer in the Commissioner's office will try to negotiate a settlement between you and the public body within 90 days.
Your identity will be protected by the Commissioner's investigative staff. The investigator may interview you and will provide you with an opportunity to present your complaint. The investigator will also contact the institution under investigation and review their case. If possible, mediation or resolution of the complaint will be made. Many complaints are resolved simply by clarifying simple misunderstandings.
About 90 percent of disputes are settled this way. If not, you may ask for a formal Inquiry before the Commissioner.
Before a formal finding is reached the Commissioner considers the results of the investigation, and both parties' positions will be considered. The B.C. Commissioner has the power to order government to release records or waive fees.
If you disagree with the B.C. Commissioner's ruling, your final option is appeal for a Judicial Review to the B.C. Supreme Court at your own expense. Several orders have been overturned this way. The judicial review will not decide whether or not the Commissioner made the right decision; only whether the Commissioner: wrongly decided the Act did or did not apply, acted arbitrarily, or made an error in law.
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