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 Office of the Information Commissioner of Canada

Frequently Asked Questions About Using the Access to Information Act

Does it cost anything?

 

Each request filed under the Access to Information Act costs $5 (money order or cheque payable to the Receiver General for 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.) Most requestors pay no fees beyond the initial $5 charge.

  • Money orders or cheques must be made payable to the Bank of Canada or the Canada Council for the Arts when access requests are sent to either of those institutions.

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Is all information available?

 

Most government information is available. Major exceptions are Cabinet documents and information which could be injurious to Canada's security or economy, federal-provincial relations and international affairs. Information about individuals may be disclosed only with their consent or if it is found to be in the public interest. Individuals can obtain their personal information under the Privacy Act.

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Where do I start?

 

Decide which government institution may have the information you want. If you need help, consult Info Source, a directory of federal government institutions and the information they hold. Info Source is 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 simply by asking the government department. If you need to make a formal request under the Access to Information Act, send 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 fee. The form is easy to fill out. It can be obtained at the same locations as Info Source.

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How long does it take?

 

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.

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.

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Any tips before I begin?

 

Ask if the information is available informally and spare yourself the formal procedure and the cost.

Send your $5 application fee along with your request. The department is not obliged to respond to your application if you have not paid the fee.

Do not ask for everything available on a subject unless you really need it all. Narrowing your request will produce faster results and keep costs down.

Although your reasons for asking for the information are your business, an explanation may help staff find just the material you want. It may be possible to review the material yourself and to select only what interests you for copying.

Although many institutions do not charge copying and processing fees, if the total is less than $25, you should ask for an estimate of costs. A deposit may be required for the processing costs associated with your request. If you receive a bill, you should ask what portion of the fees cover search and preparation time. The first five hours are free.

If you want a refund of the application fee or a fee waiver, you should indicate it on your application, giving your reasons for seeking the information.

Keep in touch with the department. Include your phone number on your request and ask the department to call you for any necessary clarification. Call or write the department if you receive no response within a reasonable period of time after the 30-day time limit has elapsed.

Keep a copy of your request and all related correspondence until you have the information you want.

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When may I complain?

 

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 will be investigated by the Office of the Information Commissioner at no cost. Your complaint must be made within one year of the date the government department received your written request.

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How do I complain?

 

Write or phone the Office of the Information Commissioner of Canada.

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Will my identity be protected?

 

All complaints are investigated confidentially. Your identity will be known only to the staff who investigate your complaint and to the officials of the institution to which you made your request, who must respond to the Commissioner's investigation.

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How does the Information Commissioner deal with my complaint?

 

Your complaint will be acknowledged and you will be given the name of the assigned investigator who may ask you questions and who will give you the opportunity to present your point of view. The investigator will also obtain the institution's representations and possibly mediate a resolution of your complaint. Many complaints are settled by clearing up misinterpretations or errors. Of course, the investigation may conclude that the institution acted properly.

Before he makes a finding, the Commissioner considers the results of the investigation, your arguments as well as those of the government institution and any third party affected by disclosure of the information. The finding is reported directly to you.

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Can I go to court?

 

Once you have received the Commissioner's report, you may apply to the Federal Court of Canada for a review of the department's decision to deny access to requested information - whether or not he supports your complaint. In some cases, the Commissioner may decide to take the case to the Federal Court of Canada himself.

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Last Modified 2002-04-12

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