Access to Information and Privacy (ATIP Notes)
Access to Information and Privacy (ATIP Notes)
Under the Access to Information and Privacy Acts most Canadian government information is available, major exceptions include Cabinet documents and information that could be injurious to Canada's security, economy, federal-provincial relations, and international affairs. Information about individuals may be disclosed only with their consent or if this information is found to be in the public interest. It is worth mentioning, that individuals can obtain their personal information under the Privacy Act.
If you plan to make a request under the Access to Information Act or the Privacy Act, there are some obligatory requirements that you have to satisfy: you must be a Canadian citizen or a permanent resident of Canada. Also, individuals or corporations currently present in Canada are allowed to make ATIP requests. Recently, the Government of Canada has launched a new service that allows submitting Access to Information and Privacy requests online. This service includes access to 265 Canadian institutions and even allows looking through past ATIP requests.
The request consists of a number of questions, which must be answered in sequence in order to proceed. Some questions may be optional and do not demand an answer from the applicant. It is important to remember that the ATIP request system will not save your information, so you must complete the entire request form at one time. Please do not use navigation buttons "Back" and "Forward" on your browser, as they will not work, and all of your information will be lost. Use the "Help" feature if you are unsure of how to answer a question in your ATIP request. You can do this by clicking on the icon in the top-right corner of the question box. There you will find information to assist you when answering questions. After you finish answering all of the questions, you will be presented with a document checklist. This list will enumerate the documents you need to provide. Please, scan and attach your documents with your ATIP request. When your online request is completed, you will be asked to pay the fee (if applicable). Later, you will receive an e-mail confirming that your request is submitted.
To start the submission of your request under the Access to Information Act or the Privacy Act, first of all, you have to prove that you have the right to make this request and demonstrate proof either of Canadian citizenship (a copy of your passport or citizenship certificate); or your status as a permanent resident in Canada (a copy of your permanent resident card) or proof of your temporary status in Canada (a work, study and/or visitor permit). Also, you will need to demonstrate consent if you are making a request on behalf of someone else. Then this consent must be signed and dated by the person authorizing the disclosure of his or her information. Remember, that you should include the consent for each individual over the age of 18 that may be listed in your file. If you plan to submit your request to Immigration, Refugees, and Citizenship Canada, please use the Consent for an Access to Information and Personal Information Request form (IMM 5744). The application fee is 5 CAD and there are no fees under the Privacy Act.
Remember, that the information provided in the Access to Information and Privacy online request form is being gathered and processed by Immigration, Refugees, and Citizenship Canada. The procedure is performed in accordance with section 29.2 of the Financial Administration Act. Its purpose is to facilitate the receipt and delivery to participating institutions of requests submitted under the Access to Information and Privacy (ATIP) legislation of Canada.
You can find the complete list of institutions participating in this ATIP Request and Pay Online service on the Internet. It is worth mentioning, that all the information you will provide on this online request form will be held temporarily on the servers hosted by Immigration, Refugees, and Citizenship Canada. The information will be deleted from IRCC servers once the requests are re-routed to and received by the institution selected by you as the applicant. All the information relating to online requests will then be retained by the institution responsible for processing the request. This information will be kept for the period of time identified in standard Personal Information Bank. This information may be shared with other organizations only in accordance with subsection 8(2) of the Privacy Act.
It is worth mentioning, that the personal information you provide on the Access to Information and Privacy form will only be made available to employees who require it in order to process and respond to your request. Immigration, Refugees, and Citizenship Canada and the institutions participating in this online request guarantee they will not use your information for any other purpose. Also, you have the right to request access to your personal information held by a government institution and to request corrections under the Privacy Act.
Your payment information will be redirected to a secure and trusted third-party website and processed there. It is normal that your name, credit card number, expiry date, and security code will be collected in order to process your payment. After your online application is transmitted to the designated institution in Canada, you will receive a notification and your payment will be conveyed. It works as a confirmation that your application fees were paid to the Receiver General of Canada.
To guarantee compliance with the Directive on the Social Insurance Number, ATIP applicants are asked not to provide their SIN during the online application process, unless they are requesting personal information from the Canada Revenue Agency (CRA) or Employment and Social Development Canada (ESDC) (because these departments are authorized to use the SIN). In case you have any concerns about the confidentiality of the transmission of the information online, you may send your paper application or any necessary supporting documents directly to the appropriate government institution and contact a participating ATIP office in Canada.
Remember, that the Access to Information and Privacy requests is available online now. Access to Information and Privacy Acts allow for a legal response time of 30 calendar days from the date of receipt of an official request by an applicant. This period may be extended if the ATIP request is for a large number of records or demands a search through a large number of records; additional consultations are necessary to comply with the ATIP request or additional time is needed for translation purposes or for converting personal information.
If you are dissatisfied with the service, you may lodge a complaint with the Office of the Information Commissioner about any matter related to your Access to Information Act request. Your complaint must be made within 60 days from the date that you received a response. You may also lodge a complaint about any matter related to your Privacy Act request or a complaint if you believe that a government institution has not respected your privacy rights. It is worth mentioning, there is no cost to you for the investigation of any of these complaints.
Due to exceptional measures put in place to curb the spread of the novel COVID-19, the Government of Canada's Access to Information and Privacy Offices have currently reduced their operational capacity. As a result, there may be some delays in the process of responding to requests submitted under the Access to Information Act and the Privacy Act during this period. Departments guarantee they will continue to make every reasonable effort to respond to requests, in accordance with the current operational realities in Canada.
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