ATIA
Access to Information Act (Federal)
Federal right of access to government information
The Access to Information Act gives Canadians the right to access records held by federal government institutions. Federal departments must respond to access requests within 30 days, and the Information Commissioner investigates complaints about delayed or improper responses. The Privacy Act governs what personal information can be released under ATIA.
Who must comply with ATIA?
Federal government institutions — departments, agencies, Crown corporations, and other federal bodies listed in the ATIA schedules. This includes large entities like CRA, CBSA, RCMP, and hundreds of smaller federal bodies.
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Key obligations under ATIA
30-Day Response Obligation
Respond to every ATIA request within 30 calendar days. Extensions require notice and valid justification. Chronic delays are investigated.
Severing & Exemptions
Apply exemptions narrowly and sever only exempt portions — release all segregable information even when some is exempt.
Privacy-ATIA Balance
Third-party and personal information exemptions under ATIA must be applied consistently with the Privacy Act's protections.
Proactive Publication
Publish certain categories of information proactively (travel, contracts, grants) without waiting for a request.
Information Commissioner Cooperation
Cooperate fully with the Information Commissioner during complaint investigations — provide records and explanations on request.
Records Management
Maintain adequate records of government activities and decisions — the ATIA right is meaningless if records don't exist.
Penalties & enforcement
Treasury Board Secretariat was ordered to release AI strategy documents after a complaint about deemed refusal (2022)
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