Are access to information laws available to everyone in Canada?
There
is now a variety of access to information laws in Canada, and each
piece of legislation has to be studied to determine if the information
you are concerned with is covered.
- All
Canadians can use the federal government's Privacy Act
to access government information in the control of the federal
government.
- Every
province and territory in Canada has passed its own access to
information law governing access to information in the possession
of the provincial governments. Each piece of legislation must
be studied to determine how far the law applies to other public
bodies, such as educational or health bodies in the province.
- In
January 2001, the federal government passed the Personal Information
Protection and Electronic Documents Act (PIPEDA), which has
been fully in force since January 2004. It sets out the rules
for the management of personal information in certain private
sector organizations such as banks, airlines, and those involving
telecommunications, retail, publishing, and manufacturing.
- Alberta,
British Columbia, and Quebec now have their own version of PIPEDA
which means that the provincial law applies in those provinces.
In those provinces, the federal PIPEDA legislation will still
apply to any private sector organizations which come under federal
management (such as telecommunications), and to interprovincial
and international transactions. In provinces without their own
version of PIPEDA, the federal law applies.
- Some
provinces have also passed laws concerning access to health information
specifically, and to municipal or local government information.
In addition to access to information laws, there are also provisions
in other federal and provincial statutes dealing with matters
such as consumer and credit information.
Additional
information about access to information and privacy in Canada can
be found on the Office
of the Privacy Commissioner of Canada website.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
June
2006
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