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ATIP Request Canada: Fees, Deadlines, and How the Access to Information Act Works

Independently fact-checkedBy Recording Law Editorial Team16 min read

Independently fact-checked against primary sources (last audited September 24, 2026). · 9 primary sources cited on this page. How we verify our legal content

ATIP Request Canada: Fees, Deadlines, and How the Access to Information Act Works

Frequently Asked Questions

Who can file an ATIP request in Canada?

Canadian citizens and permanent residents have a statutory right to request records under section 4(1) of the Access to Information Act. In practice the right reaches further: a longstanding federal order, the Access to Information Act Extension Order, No. 1, extends the right of access to other individuals and corporations present in Canada, and has done so since 1989. This predates, and is separate from, Bill C-58.

How much does an Access to Information Act request cost?

The application fee is $5, set by the Access to Information Regulations under the $25 ceiling in section 11. Since Bill C-58, no other fee, such as a search fee, preparation fee, or per page reproduction charge, can be added on top of it. A Privacy Act request for your own personal information has no fee at all.

How long does a federal institution have to respond?

Section 7 sets a 30 day deadline from the day the request is received. Section 9 lets the institution extend that deadline for a large volume of records, necessary outside consultations, or required third party notice, without a fixed cap on how long the extension can run, provided the requester is notified of the extension within the original 30 days.

Did Bill C-58 open Access to Information Act requests to non-citizens?

No. That capability comes from a federal order in council from the 1980s, the Access to Information Act Extension Order, No. 1 (P.C. 1989-619, SOR/89-207), made in 1989, about 30 years before Bill C-58. C-58, in force since 2019, instead changed the fee structure, gave the Information Commissioner a binding order making power, added mandatory proactive publication duties, and set up a recurring statutory review of the Act.

What can a federal institution refuse to disclose?

Sections 13 through 24 of the Act set out specific exemptions, some mandatory (such as section 13 for information given in confidence by another government, and section 19 for personal information) and some discretionary (such as sections 15, 16, 17, and 21, several of which turn on an injury test). Section 25 still requires disclosure of any part of a record that is not itself exempt and can reasonably be separated from the exempt material.

What can I do if my request is refused or delayed?

Section 31 lets you complain to the Information Commissioner within 60 days of the refusal notice. Since Bill C-58, the Commissioner can issue a binding order under section 36.1. If the matter is not resolved there, section 41 allows an application to the Federal Court for review, generally within 30 business days after the institution receives the Commissioner's report.

Is requesting my own personal information different from a general Access to Information Act request?

Yes. A request for your own personal information from a federal institution goes under the Privacy Act rather than the Access to Information Act. It carries no fee, and its 30 day deadline in section 14 can be extended under section 15 by a maximum of 30 more days for workload or consultations, or for a reasonable period where more time is needed for translation or for converting the information into an alternative format.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Access to Information Act, RSC 1985, c A-1, s.4 (right of access; extension by order) (Justice Laws Website)(laws-lois.justice.gc.ca).gov
  2. Access to Information Act Extension Order, No. 1, SOR/89-207, P.C. 1989-619, registered 1989-04-13 (extends right of access to individuals and corporations present in Canada) (Justice Laws Website)(laws-lois.justice.gc.ca).gov
  3. Access to Information Act, RSC 1985, c A-1, s.11 (application fee, capped at $25 by regulation) (Justice Laws Website)(laws-lois.justice.gc.ca).gov
  4. Access to Information Act, RSC 1985, c A-1, s.7 (30 day deadline) (Justice Laws Website)(laws-lois.justice.gc.ca).gov
  5. Access to Information Act, RSC 1985, c A-1, s.9 (extension for a reasonable period of time; notice to the Information Commissioner for extensions over 30 days) (Justice Laws Website)(laws-lois.justice.gc.ca).gov
  6. Access to Information Act, RSC 1985, c A-1, ss.13 to 25 (exemptions and severability) (Justice Laws Website)(laws-lois.justice.gc.ca).gov
  7. Access to Information Act, RSC 1985, c A-1, ss.30, 31, 36.1, and 41 (complaints to the Information Commissioner and Federal Court review) (Justice Laws Website)(laws-lois.justice.gc.ca).gov
  8. Access to Information Act, RSC 1985, c A-1, Part 2, ss.71.01 to 91, including ss.82 to 88 for government institutions (proactive publication duties) (Justice Laws Website)(laws-lois.justice.gc.ca).gov
  9. Privacy Act, RSC 1985, c P-21, ss.14 and 15 (personal information request deadline; 30 day cap under s.15(a), reasonable period for translation or alternative format under s.15(b)) (Justice Laws Website)(laws-lois.justice.gc.ca).gov
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