Open Records Laws in Canada

Response Timeline

30 calendar days from receipt (Section 7). Extensions permitted under Section 9 for: (a) large volume of records or need to search through many records, (b) consultations with other institutions or governments needed, (c) third-party notification required under Section 27. Extension must be for 'a reasonable period' and the requester must be notified within 30 days. No statutory maximum on extension length, but Information Commissioner can review reasonableness.

Canadian citizens and permanent residents have the right to request from anywhere. Under Extension Order No. 1 (1989), any individual or corporation physically present in Canada may also file requests, but non-citizens/non-residents must be in Canada both when filing and when access is given.

How to Submit a Request

Accepted Methods

• Portal
• Mail
• Email

The ATIP Online Request portal (atip-aiprp.apps.gc.ca) is the primary method. Alternatively, use the Access to Information Request Form (TBC/CTC 350-57) sent by mail or email to the ATIP Coordinator of the relevant institution. A letter clearly stating the request is under the Act is also acceptable.

Required Elements

• Act statement — Must indicate the request is made under the Access to Information Act
• Description — Describe the records sought as specifically as possible (subject matter, date range, type of document)
• Name address — Full name, street address, city, province/territory, postal code
• Application fee — CAD $5 application fee (payable by cheque, money order, or online)

Optional Elements

• Date range — Specific date range to narrow the search
• Institution unit — Specific branch, division, or program area likely to hold the records
• Preferred format — Preference for how records should be provided (electronic, paper)
• File numbers — Any known file or reference numbers

Fees

The 2019 amendments (Bill C-58) significantly simplified the fee structure by eliminating search and preparation fees. The only mandatory fee is the $5 application fee. The head of the institution has discretion to waive or refund this fee (Section 11(2)).

Fee Waivers

• The head of a government institution may waive or refund the application fee under Section 11(2)
• Fee waiver for Indigenous requesters or their representatives, effective February 22, 2024

Fee waivers are decided case-by-case. The Indigenous reconciliation waiver (2024) removes the $5 fee barrier for Indigenous peoples. Institutions consider factors such as public benefit, requester circumstances, and whether the information is normally available without charge.

Exemptions

• Information Obtained in Confidence from Other Governments
  Information obtained in confidence from foreign states, international organizations, or provincial/municipal governments
• Federal-Provincial Affairs
  Records that could reasonably be expected to be injurious to federal-provincial relations or the conduct of federal-provincial affairs
• International Affairs, Defence, and National Security
  Records that could reasonably be expected to be injurious to the conduct of international affairs, defence, or national security
• Law Enforcement and Investigations
  Records relating to law enforcement investigations, intelligence, or policing activities
• Safety of Individuals
  Records whose disclosure could threaten the safety of individuals
• Economic Interests of Canada
  Records that could be injurious to the economic interests of Canada or the competitive position of government institutions
• Personal Information
  Records containing personal information as defined in the Privacy Act
• Third-Party Business Information
  Trade secrets, confidential financial/commercial/scientific/technical information supplied by a third party
• Operations of Government
  Advice and recommendations for government, accounts of consultations or deliberations
• Testing Procedures and Audits
  Information relating to testing or auditing procedures or techniques
• Internal Audit Records
  Draft reports and working papers of internal audits of government institutions (15-year sunset)
• Solicitor-Client Privilege
  Records subject to solicitor-client privilege or professional secrecy of advocates and notaries
• Statutory Prohibitions
  Records whose disclosure is restricted by specific provisions listed in Schedule II of the Act
• Information to Be Published
  Records that will be published within 90 days

Exemptions are either mandatory (sections 13, 19, 20, 24 -- institution must refuse) or discretionary (institution may refuse). For discretionary exemptions, the institution should consider whether disclosure would cause the specific harm described. Severability applies: non-exempt portions must be released. The 2019 amendments did not add a general public interest override.

Appeal Process

The 2019 amendments (Bill C-58) gave the Information Commissioner order-making power, making the process more effective. Previously, the Commissioner could only recommend disclosure. Complaints to the Commissioner are free. Federal Court proceedings have filing fees and legal costs.

Request Templates

Records Retention

Library and Archives of Canada Act, S.C. 2004, c. 11

View retention law →

Retention schedule catalog →

Library and Archives Canada controls the disposal or destruction of records by government institutions. Individual institutions determine retention periods in consultation with LAC, which issues disposition authorizations.

Sources & References

• Full text of law →
• Primary source →
• Office of the Information Commissioner →
• Treasury Board ATI Policy Suite →
• Access to Information Regulations →
• Bill C-58 Summary (2019 Amendments) →