Access to Information

• You have rights to access general information held in the federal and provincial government records, and
• You have the right to access your personal information held by the federal and provincial government.

Your rights are discussed below in two parts. First, we have outlined the procedures to access information in Alberta. Second, the procedures under Canada’s (federal) access and privacy legislation are explained.

A. Access to Information and You

In a functioning democracy, access to information laws are essential to hold a government responsible and accountable for its decisions. At the Federal level, the Access to Information Act and Privacy Act came into force together on Canada Day 1983. At the Provincial level, Alberta’s Freedom of Information and Protection of Privacy Act came into effect on October 1, 1995. The Canadian Courts have recognized the quasi-constitutional status of the Access to Information Act because it helps democracy by ensuring citizens have the information required to participate meaningfully in the democratic process and public office holders and public servants remain accountable to the citizens (Dagg v Canada (Minister of Finance), [1997] 2 SCR 403).

The right to access information is not absolute, as with many other individual rights. Access to information legislation in Canada and Alberta attempts to balance competing individual rights. The right of access is balanced by the need to protect individual privacy.

Know Your Rights

Your access to information rights fall within two broad categories:

Federal or Provincial request?

It is important to determine whether your information request should be directed to the Alberta provincial government or the Government of Canada, or both. Your information request should be directed to the federal or provincial body that has jurisdiction over the subject matter of your request.

If your information is held by the federal government, you make your request to the federal government institution. If your information is held by the provincial government, you have to make an information request to the provincial government body.

B. Provincial Requests: Alberta

1. How to Submit Your Request for Alberta Government Information

Alberta’s access to information and privacy laws are regulated by the Freedom of Information and Protection of Privacy Act [the FOIP Act] and its regulations.The FOIP Act gives you the right to request information in the custody or control of public bodies. It also provides public bodies with a framework within which they must collect, use and disclose personal information.

You can make a request to access general or personal information under the FOIP Act. A general request is a request for records that do not contain your personal information. Requests for general information are like requests for budget records, training materials, statistical information, etc. A personal request is a request for records that contain your personal information. Requests for personal information are like requests for your health records, your investigation reports, your arrest records, etc.

Before you submit a request for information, you may try to initiate an informal request for information by contacting the appropriate government department(“Public Body”) directly.

Step One: Determine Which Public Body Should Receive The Access To Information Request

• Consult the Directory of Public Bodies to identify and contact the correct Alberta public body for the information you are requesting.
• Determine the name, address and phone number of the Freedom of Information and Privacy Coordinator (“FOIP Coordinator“) for that particular public body.

Step Two: Call The FOIP Coordinator To See If You Can Get The Information Without Filing A Formal Request

• This could save you the $25.00 application fee and copying charges.

Step Three: To Proceed With A Formal Request, Fill Out The Appropriate Form And Send In The Appropriate Fee

• Fill out a Request for Access to information Form, indicating specifically the records you are requesting. Ask for the opportunity to clarify the request, if necessary. Ask to be informed about additional fees before the request is filled.
• Alternatively, write a letter to the appropriate FOIP Coordinator stating your specific request. Include your name, address and telephone number. State whether you prefer to receive copies of the document or examine them.
• Alternatively, if you have a limited ability to read or write in English or are physically disabled or impaired, you may make an oral request to the FOIP Coordinator.
• Enclose the $25.00 application fee. You may be able to ask for a fee waiver later on; see below.

Step Four: Response From The Public Body

• Once you apply, there are 4 possible responses you may receive:

1. A reply within 30 days granting access to the information or setting out the estimated costs of proceeding with the request; if necessary, make a request for a fee waiver – first to the public body, and then to the Information and Privacy Commissioner.
2. A transfer of the request to another public body, which must reply within 45 days from the date the first public body received the request;
3. Notification that an extension of 30 day time limit is required; or
4. A refusal to provide some records based on one or more discretionary or mandatory exceptions (i.e., it is personal information, third party information etc.).

• You may review the response and determine if you would like to make a complaint to the Information and Privacy Commissioner.

Step Five: If Your Request Is Denied, You Can Do Take The Following Actions

• You have 60 calendar days, after you receive a decision, to appeal to the Information and Privacy Commissioner. The Commissioner is an independent officer of the Legislature.
• The Commissioner can receive and investigate complaints from you. The complaint may be about any decision, act, or failure to act of the head of the public body that relates to the request (for example, a decision not to release a record or part of it). A complaint may also be that a public body has improperly collected or used personal information.
• Complete and send a “Request for Review” form to the Commissioner.
• Alternatively, write a letter to the Commissioner outlining your request for a review. Include your name, address, telephone number, reason for requesting a review and the public body to which your request was originally made. Enclose a copy of our original request, if you can.

Step Six: The Information And Privacy Commissioner May Appoint A Mediator To Investigate And Settle The Complaint

• The mediator will try to reach a settlement. In many cases, a settlement is reached.

Step Seven: If The Matter Is Not Settled, The Information And Privacy Commissioner May Conduct An Inquiry

• The Commissioner may investigate your complaint. All orders issued by the Commissioner are binding.
• The Commissioner’s order may do a number of things:
• order a head of a public body to grant access;
• confirm the original decision made by the head of the public body; or
• enforce other provisions of the Act.

A copy of the order may be filed with the Court of Queen’s Bench, and at that point, it is enforceable as if it was a judgment or order of that Court.

Step Eight: The Commissioner Order Is Final

• You have the right to judicial review if you believe that the appeal process was not conducted in a legally fair manner. Read more about judicial review here.
• An application for judicial review of a decision of the Commissioner must be made within 45 days after you were given a copy of the decision.

Duty To Assist

The head of a public body must make every reasonable effort to assist with your request, and to respond to your request openly, accurately and completely. This obligation continues throughout the request process.

2. Exemptions to the Right of Access: Alberta

There are a number of records that are not accessible. Your right of access is subject to limited and specific exceptions that are set out in the FOIP Act. Refusal to disclose all or part of a record will occur only where the Act provides a specific exception that applies to all or part of a record.

Exceptions may apply to requests for general information and your own personal information.

Click here to view the exemptions that apply to Alberta FOIP requests.

3. Obtaining and Correcting Personal Information

Generally, you and your representative are entitled to access your personal information (with some exceptions).

The FOIP Act requires all public bodies to have a directory of personal information banks (PIBs). A personal information bank lists the type of personal information held by a public body.

What Is Personal Information?

The FOIP Act defines personal information as recorded information about an identifiable individual. This includes your name, home or business address or home or business telephone number, race, national or ethnic origin, colour or religious or political beliefs or associations, age, sex, marital status or family status; an identifying number, symbol or other particular assigned to you; your fingerprints, other biometric information, blood type, genetic information or inheritable characteristics; your health information; your educational, financial, employment or criminal history; anyone else’s opinions about you; and your personal views or opinions, except if they are about someone else.

Request For Access

You can request access to your personal information in the same way other requests for government information are made, by using either the form or a letter. There is no fee a request for personal information.

The process is same to make a request for review and follow steps. (back)

Applying For Personal Information On Behalf Of Another Person

To apply for personal information on behalf of another person, you will have to provide one of these authorizing documents:

• proof that you are a deceased person’s representative seeking information relating to the estate;
• proof that you are a guardian or trustee under the Adult Guardianship and Trusteeship Act;
• proof that you are an agent under the Personal Directives Act;
• proof that you are the person’s attorney acting under the power of attorney;
• proof that you are the recognized guardian of a minor child; or
• written permission from the individual.

Correction Of Personal Information

A Public Body that holds personal information must ensure the information is complete and accurate. If you believe the information that a public body has about you is untrue or misleading, you can make a request under the Act to have it corrected.

A request to correct personal information must be made in writing. You may either complete a Request to Correct Personal Information form or write a letter to the public body indicating that you are making the request under the FOIP Act.

Whether you are writing a letter or completing a request form, you will need to:

• Provide your name, address, and a telephone number where you can be contacted if there are any questions about the request.
• Identify the information that you believe is incorrect and give the correction. Be as specific as possible.
• Sign and date the request form or letter.
• Send the completed request form or letter to the FOIP Coordinator of the public body most likely to have the information.

Public bodies will accept an oral request if you are not able to make a request in writing.

The public body may correct the information in the record. At a minimum, they must include a notation in the record that you sought a correction. If you are not happy with the decision not to change the information in the record, you may complain to the Information and Privacy Commissioner.

C. Federal Requests

To view the process for Alberta’s Provincial Requests, click here.

1. How to Apply to Access Federal Government Information

Access to information and protection of privacy in the federal sphere is regulated by the Access to Information Act (the “AI Act”), Privacy Act and the regulations under both enactments.

The AI Act gives you the right to access information held by the federal government if you are a Canadian citizen, a permanent resident, or an individual or corporation present in Canada.You make requests to access general information (meaning, information that is not personal to you or someone you are acting on behalf of) under the AI Act.

The Privacy Act gives you the right to access your personal information that is held in federal government records, so long as you are a Canadian citizen, a permanent resident, a prison inmate or an individual present in Canada. The Privacy Act also protects you from unauthorized collection, use and disclosure of your personal information.You make requests to access personal information (information specific to you or someone you are acting on behalf of) under the Privacy Act.

Before you submit a request for access to information, it may be helpful to try and make an informal request for the information by contacting the appropriate government department (“government institution“) directly.

Step One: Determine Which Government Institution Should Receive The Access To Information Request

• Consult the Info Source (Sources of Federal Government Information) to find out which data bank(s) would likely contain the information you want to access.
• Determine the name, address and phone number of the Access to Information and Privacy Coordinator for that particular Data Bank.

Step Two: Call The Access To Information And Privacy Coordinator To See If You Can Get The Information Without Filing A Formal Request

• This could save you the $5.00 application fee and copying charges.

Step Three: To Proceed With A Formal Request, Fill Out The Appropriate Form And Send In The Required Fee

• Fill out an Access to Information Form or Personal Information Request Form. Be specific with which records you are requesting. Ask for the opportunity to clarify your request, if necessary. Ask to be informed about additional fees before the request is filled.
• Alternatively, write a letter to the appropriate Access to Information and Privacy Coordinator describing your request. Be as specific as possible. Include your name, address and telephone number. Indicate whether you are a Canadian Citizen, a permanent resident, an individual present in Canada or a corporation present in Canada. State whether you prefer to receive copies of the document or just to examine them. Indicate which official language you would like used in processing your request.
  • If you are visually impaired or have a hearing disability, you may ask to receive the record in a format that is accessible to you.
• Enclose the $5.00 application fee. This fee is not required if you are requesting personal information (as opposed to general government records).

Step Four: Response From The Government Institution

• Once you apply, you will receive one of four responses:

1. A reply within 30 days granting access to the information you sought, or setting out the estimated costs of proceeding with the request;
2. A transfer of the request to another government institution, which must reply within 45 days from the date the first public body received the request;
3. Notification that an extension of 30 day time limit is required; or
4. A refusal of access to some or all of the record based on one or more discretionary or mandatory exceptions (i.e., it is personal information, third party information etc.).

• You may review the response and determine if you would like to make a complaint to the Information Commissioner.

Step Five: You Can Take The Following Steps If Your Request Is Denied, Or You Encounter Other Difficulties.

• You have 60 days from the date of the decision to make a complaint to the Information Commissioner.
• The Information Commissioner can receive and investigate complaints from persons who have made access requests. Your complaint can be based on many factors, including, for example improperly denied information; excessive time in processing your request; cost of processing fees; failing to receive information in your official language of choice; or other reasons.
• Alternatively, write a letter to the Information Commissioner and in it outline your complaint. Include your name, address, telephone number, reason for requesting the complaint and the government institution to which your request was originally made. Enclose a copy of our original request, if you can.

Step Six: The Information Commissioner Can Make Recommendations To The Head Of The Government Institution Regarding The Access To Information Request

• The Information Commissioner must report the results of his or her investigation to you.
• The head of the government institution need not grant access to the information, even if the Information Commissioner recommends that it be provided.

Step Seven: If Necessary, Appeal To The Federal Court.

• You can appeal an unfavorable decision to the Federal Court within 45 days after receiving the decision. The Commissioner may also initiate an appeal on behalf of you.
• The Federal Court may order disclosure of the records. This order must be obeyed.

Step Eight: Further Appeals.

• If necessary, you can further appeal to the Federal Court of Appeal.
• Under certain (very limited) circumstances, you can appeal to the Supreme Court of Canada.

Duty To Assist

The head of a government institution must make every reasonable effort to assist your request, and to respond your request accurately and completely in a timely manner.

2. Exemptions to the Right of Access: Federal

There are a number of records that are not accessible. Your right of access is subject to exceptions that are set out in the AI Act and Privacy Act.

Click here to view the exemptions that are set out in both of these Acts.

3. Obtaining and Correcting Federal Information

You and your representative are entitled to access your personal information (with some exceptions). The Privacy Act requires all government institutions to have a personal information bank. The list of banks is located at Info Source.

What Is Personal Information?

The Privacy Act defines personal information as recorded information about an identifiable individual. This includes your race, national or ethnic origin, colour, religion, age, marital status; your education history, medical history, criminal history, employment or financial history; an identifying number assigned to you; your address, fingerprints or blood type; your personal opinions; your private and confidential correspondence; other people’s opinion about you; and your name.

Request For Access

You can request access to your personal information in the same way other requests for government information are made, by using either the form or a letter. There is no fee a request for personal information.

• Language of access: You can access your personal information in English or French.
• Alternative access: You may access your personal records in an alternative form if you have sensory disability.
• You will receive an acknowledgement from the government institution that they received your request after you have made your request.
• Response of Government Institution: The government institution has 30 days to respond to your request. They may ask you for an extension. In that case they must give you a reason for their request. The extension will either be for 30 days or a “reasonable period”. If you do not think that an extension is justified, you may appeal to the Privacy Commissioner.
• Access after successful request: If your access request is successful, the government institution will tell you when you will receive copies or be able to review the records you are seeking. You will need to show that you are the person named in the records to review your personal information.
• Refusal to grant access: If the government institution refuses your request, they must give you a reason. If you do not hear anything from the government institution within the 30 day period or any extended period you have been notified about, you may treat the non-response as a denial of access.

You have the right to complain about a refusal to the Privacy Commissioner. If reasonable grounds exist, the Privacy Commissioner will initiate an investigation into your refusal.

If the Privacy Commissioner finds your request is well founded, he or she will provide recommendations to the head of the government institution. These recommendations are not, however, binding on the government institution.

If the government institution refuses to comply with your request despite recommendations from the Privacy Commissioner, you may apply to the Federal Court of Canada for a review.

Applying For Personal Information On Behalf Of Another Person

To apply for personal information on behalf of another person, you will have to provide one of these authorizing documents:

• Written permission from the individual;
• proof that you are a deceased person’s representative seeking information relating to the estate; or
• proof that you are a guardian or trustee.

Correction Of Personal Information

A Government institution that holds your personal information must ensure the information is complete and accurate. If you believe the information that a government institution has about you is untrue or misleading, you can make a request under the Privacy Act to have it corrected.

A request to correct personal information must be made in writing. You may either complete a Record Correction Request Form or write a letter to the government institution indicating that you are making the request under the Privacy Act.

Whether you are writing a letter or completing a request form, you will need to:

· Provide your name, address, and a telephone number where you can be contacted if there are any questions about the request.

· Identify the information that you believe is incorrect and give the correction. Be as specific as possible.

· Sign and date the request form or letter.

· Send the completed request form or letter to the Access to Information and Privacy Division.

The government institution may correct the information in the record. At a minimum they must include a notation in the record that you sought a correction. If you are not happy with the decision not to change the information in the record, you may complain to Privacy Commissioner.

Access to Information Appendix

For more information about access to information legislation across Canada, click here.