Overview
The Access to Information Act (ATIA) is Canada’s federal equivalent of the US Freedom of Information Act. It gives any person (including non-citizens, corporations, and journalists) the right to request records held by federal government institutions. Responses are legally required within 30 days (extendable), and fees are minimal or waived.
Provincial equivalents exist for provincial/municipal records:
- Ontario: Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) / Freedom of Information and Protection of Privacy Act (FIPPA)
- BC: Freedom of Information and Protection of Privacy Act
- Alberta: Freedom of Information and Protection of Privacy Act
- Quebec: Act respecting Access to documents held by public bodies and the Protection of Personal Information
What You Can Request
- Internal government emails and memos
- Ministerial briefing notes
- Government contracts and procurement details
- Regulatory inspection records
- Scientific studies and environmental assessments
- Government spending and expense reports
- Immigration and visa file records (your own)
- Policy development discussions
Who Is Covered
Over 265 federal institutions are subject to the ATIA, including all federal departments, most Crown corporations, the RCMP, CBSA, and federal agencies. Parliament, courts, and the PMO’s purely political functions are generally exempt.
How to File an ATI Request
Online (Preferred)
- Go to atip.tbs-sct.gc.ca — the Government of Canada’s centralized ATI portal.
- Create a free account.
- Identify the correct institution that would hold the records.
- Describe the records as specifically as possible: date ranges, subject matter, names of officials, types of documents (emails, briefing notes, contracts, etc.).
- Pay the $5 application fee (credit/debit). Note: if the records relate to your own personal information, there is no fee.
- Submit.
By Mail
Mail a signed written request with the $5 fee (cheque or money order) directly to the Access to Information and Privacy (ATIP) coordinator of the institution.
Timelines
- Initial response: 30 calendar days (the institution must acknowledge receipt and may extend by another 30+ days for complex requests)
- Extensions: Allowed for large requests, third-party consultations, or national security review
- Delays: In practice, response times are often 60–120+ days; a complaint to the Office of the Information Commissioner (OIC) can apply pressure
Fee Structure
| Request Type | Fee |
|---|---|
| Application fee | $5 |
| Search time (after first 5 hours) | $2.50/hour |
| Duplication (after first 125 pages) | $0.20/page |
| Personal information requests | No fee |
In practice, most requestors receive fee waivers for the search/duplication fees by requesting one upfront — institutions regularly waive them in the public interest or to avoid processing the fee.
Tips for Effective Requests
- Be specific but not too narrow: “All emails between [Minister X] and [Company Y] between January–June 2024 regarding the procurement of [contract Z]” is better than either vague or overly broad requests.
- Request “briefing notes”: Ministers receive regular briefing notes (decks) on virtually every major file. These are among the most informative documents you can obtain.
- Combine with Proactive Disclosure: The government proactively publishes travel expenses, contracts over $10,000, and hospitality — check open.canada.ca before filing.
- File at the right institution: A request filed at the wrong institution is transferred, adding weeks of delay.
- Track your request: Use the online portal to monitor status.
When to Complain to the OIC
If your institution:
- Fails to respond within 30 days
- Applies an exemption you believe is unjustified
- Charges excessive fees
- Claims records don’t exist that you know should
File a complaint at oic-ci.gc.ca at no cost. The Information Commissioner can investigate and issue orders requiring disclosure.
Frequently Asked Questions
Do I have to be a Canadian citizen to file an Access to Information request?
No. The ATIA gives the right to request records to “any person” — Canadian citizen or not, resident or not. Corporations and journalists also have the same right. The $5 application fee applies to everyone.
What happens if the government doesn’t respond within 30 days?
If the institution fails to respond within 30 days (or within an extension period they have communicated), you can immediately file a complaint with the Office of the Information Commissioner (OIC) at oic-ci.gc.ca. The OIC can investigate and issue orders requiring the institution to produce records or meet its obligations. In practice, ATI requests frequently run 60–120+ days; an OIC complaint adds pressure to move the file.
Can I request my own immigration file or records the government holds about me specifically?
Yes, and personal information requests — records about yourself — are entirely free (no $5 application fee). These are handled under the Privacy Act rather than the ATIA and are filed with the same ATIP online portal. Requests for immigration files go to Immigration, Refugees and Citizenship Canada (IRCC).
What does “severed” mean when I receive my documents, and can I challenge the redactions?
Severing means the institution has blacked out portions of the released records under an exemption (such as national security, Cabinet confidence, or third-party commercial information). If you believe an exemption has been applied incorrectly, you can file a complaint with the OIC. The Information Commissioner can review the original unredacted records and determine whether the exemption was properly applied.
Is the $5 application fee the only cost I’ll pay?
The $5 fee is required for all non-personal requests. Additional fees apply for search time beyond the first 5 hours ($2.50/hour) and photocopying beyond the first 125 pages ($0.20/page). In practice, most requesters receive fee waivers for search and copying costs by requesting one upfront — institutions routinely waive them, especially for public interest requests. Personal information requests have no fee at all.
Caveats
- Several broad exemptions apply: national security, law enforcement investigations, Cabinet confidences (for 20 years), and information injurious to federal-provincial relations.
- Records are often severed (blacked out) before release — common for Cabinet confidence, advice to ministers, and third-party commercial information.
- The ATIA does not apply to private companies, NGOs, or political parties — only public institutions.
- Journalists and researchers have developed expertise in crafting requests that minimize exemptions; the Canadian Journalists for Free Expression (CJFE) publishes guides.