Access to Information
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Access to Information
What are access to information laws?
Every day, public bodies across Canada generate a tremendous amount of information. (Public bodies can include governments at various levels, hospitals, and educational institutions, for example.) They also collect and store a large amount of information about businesses, organizations, and individuals. This information is necessary for their daily work and means they possess a lot of information about people.
Information about individuals is also collected, used, and retained by organizations such as private businesses, charities, and health organizations.
Access to information laws govern how this information can be accessed, and by whom. They set the guidelines for determining when the release of information is appropriate, when it is not, how information is collected, how it is retained, and when information might need to be corrected.
What is the purpose of access to information laws? Why are they important?
The purpose of access to information laws is to help provide access to information concerning government activities. These laws are important to support the health of Canada's democracy. One of the most fundamental democratic principles is that governmental officials are accountable for their actions to the citizens of the country. As citizens, we cannot hold our elected officials accountable without free access to information concerning government activities.
In a real sense, governments do not "own" their information. They are like trustees, collecting and storing information on behalf of the citizens of their country. It is important to affirm the principle that Canadians have a right to access "their" information. That is why access laws state that government information should be available to the public, and that any necessary exemptions to that right of access should be specific and limited.
Similarly, with regard to other public bodies, organizations with commercial interests (businesses, for example), and health organizations, citizens may need to know why information about them is being collected, what information relating to them is kept, what it is being used for, and how it is retained and released. The federal and provincial governments have determined that Canadians have the right to know about such information and to varying degrees have enacted laws that enable citizens to find out.
Is access to information a constitutional right in Canada? Is it protected by the Charter of Rights and Freedoms?
No. There is no constitutional right of access to information in Canada, and the right of Canadians to access government information is not protected by the Canadian Charter of Rights and Freedoms. This does not mean that existing access laws are not binding on the government. It only means that there is no constitutional obligation on Canadian governments to pass such laws, or to make sure that other laws do not violate the right of access to information.
To what kinds of information do access to information laws apply?
Each law must be checked to see how widely it applies and what kinds of information are included (defined).
For example, the federal Privacy Act applies to personal information held by a government institution (which is defined as a government ministry or department listed in the Act). Personal information is defined to include information about an indentifiable person concerning matters such as race, education, criminal and employment record, fingerprints, and personal opinions. The Act also sets out the circumstances in which private information should be collected, how it should be collected and protected, and how a request for access to the information can be made. There are circumstances when a request can be refused, for example, when it might harm the conduct of international affairs. The law also provides for complaints to be made to the Office of the federal Privacy Commissioner.
Each provincial act will have its own applications and definitions.
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 (link can be found in External Resources, below).
Are there any exceptions to my right to request government information?
Each access to information law should be checked for the specific details relavant to the law. For example, under the federal Privacy Act, when a request is made for access to a government record, the government institution is generally required to release it to the person who has made the request. There are a number of specific exceptions to this rule, however, that are designed to protect privacy and avoid the disclosure of sensitive information. These exemptions fall into the following general categories of information:
- Personal information: A great deal of sensitive personal information is collected by the government. In order to protect the privacy of individual Canadians, a government institution can refuse to disclose records that contain personal information about someone other than the person who made the request.
- Information obtained in confidence from another government (foreign, provincial, municipal, or regional).
- Information that might harm provincial-federal affairs.
- Information related to international affairs and defence.
- Information prepared by the RCMP for policing services.
- Information relating to criminal or law enforcement matters.
- Information about medical records where the information would be damaging to the requesting individual.
- Information covered by solicitor client privilege.
- Information contained in personal information banks which have been excepted by government order (a personal information bank is all personal information held by a prticular ministry or department).
- Information that might threaten the safety of individuals.
- Information related to those sentenced for an offence.
- Information relating to security clearances.
Each category must be studied to determine the exceptions and qualification that apply to whether or not the government can refuse to disclose the information.
Do access to information laws apply to information that is not held by the government? For example, can I use them to gain information from my insurance company?
In all likelihood you could as the insurance company would be considered a commercial activity within the scope of the federal Personal Information Protection and Electronic Documents Act (PIPEDA). PIPEDA sets out the rules for the management of personal information in the private sector. It applies to the collection, use and disclosure of personal information in the course of a commercial activity and across borders.
Alberta, British Columbia, and Quebec now have their own version of PIPEDA which means that the provincial law applies in those provinces. In those three provinces, the federal PIPEDA legislation will still apply to any private sector organisations 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.
How can I find out what records the government is holding?
The first step is to contact the government institution you believe has the information, and seek confirmation. If that approach is not successful, you can contact the Information or Privacy Commissioner appointed under the federal or provincial legislation, and request his or her assistance.
For a federal information request, the publication called Info Source is a valuable reference. It is a directory of federal government institutions and the information they control. It is available in public libraries, constituency offices of Members of Parliament, and offices of Canada Employment and Immigration. 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.
How do I make an access to information request?
Before making a formal request for information, it is often best to informally ask a government institution for access to the records you are seeking. If this informal approach is unsuccessful, the next step is a formal access to information request. The federal government and each province has its own procedures for this request, but the general practice involves completing and sending in an access to information request form and the required fee to the address of the government institution from which you are seeking disclosure.
A government institution generally has a certain time period to respond to a straightforward access to information request. You may be charged a separate fee for photocopying and processing. If you question those charges, or believe that you have been improperly denied information, or the institution fails to respond to your request in a timely manner, you may complain to the relevant information Commissioner, usually at no cost. You can also appeal to the designated Court if you are dissatisfied with the resolution of your complaint by the Commissioner.
What role does an Information or Access Commissioner play?
Access to information legislation provides for an independent Information or Access Commissioner to investigate complaints about rights under the legislation being denied. The powers of the Commissioner vary depending on the jurisdiction.
The federal Information Commissioner, for example, has vigorous investigative powers but lacks the authority to make binding orders to resolve complaints. The Commissioner can make a report and encourage the government institution to disclose the information or otherwise resolve the complaint. On behalf of the person requesting the information, the Commissioner can also ask that the Federal Court of Canada review and resolve complaints.
Commissioners appointed under provincial access to information laws may have wider powers to hear appeals. Each provincial statute must be checked to determine the scope of the Commissioners' powers and duties.
See Also
For more information, see these other Canadian Legal FAQs.
External Resources
Funding for this section was provided by the Department of Justice Canada and the Alberta Law Foundation.
This page was last updated in June, 2006.
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