Part IIFinal RegulationPublished: July 5, 2023

Access-to-Information Fee and ID Rules

Regulations Amending the Access to Information Regulations: SOR/2023-156

These final regulations amend the Access to Information Regulations to remove references to fees other than the $5 application fee and to clarify institutions’ ability to request additional information or identification to confirm a requester’s right of access. They also make minor wording changes to refer to Part 1 of the Access to Information Act and took effect on 2023-06-23.

Published
July 5, 2023
Department
Unavailable
Section
Regulations Amending the Access to Information Regulations
Comment deadline
Unavailable
Effective date
June 23, 2023
Publication part
Part II

Summary

Summary#

These are the final Regulations Amending the Access to Information Regulations (SOR/2023-156). They took effect on June 23, 2023 and mainly make two practical changes: they remove references to fees other than the application fee, and they spell out that institutions can ask for extra information or ID to confirm a requester’s right to access records. The application fee is $5.

What it does#

  • Removes rules that would allow charging fees beyond the application fee (repealing provisions about reproduction, search, production and preparation fees).
  • Keeps the single application fee at $5.
  • Lets a government institution ask a requester for more information when the original request does not clearly show the requester has a right to access the records (for example, to show they are a Canadian citizen, permanent resident, or present in Canada).
  • Requires institutions to ask for adequate identification before releasing someone’s personal information, unless identity has already been confirmed.
  • Makes small wording changes to refer to Part 1 of the Access to Information Act where appropriate, to match the Act’s structure.

Who's affected#

  • People who make requests under the Access to Information Act, including individuals and corporations present in Canada.
  • Federal government institutions that handle access-to-information requests.
  • The changes are not expected to affect small businesses differently from other requesters.
  • If it’s unclear whether a requester has the right to access certain records, they may be asked for extra documents or ID.

Why it matters#

  • It confirms that you should only have to pay the single application fee ($5) for an access-to-information request — no extra processing or search fees.
  • It makes the rules clearer that institutions can ask for proof of eligibility and ID to protect personal information and to confirm who can request certain records.
  • In practice, these steps reflect existing government policy. The Treasury Board says the rules are not intended to add new barriers or extra costs, though media reports raised concerns that ID checks could cause delays. The government says the changes align with current practice and should not change processing times.

Key topics

Access to Information ActATIAAccess to Information RegulationsATIRAccess to Information ManualATI ManualDirective on Access to Information RequestsPrivacy RegulationsTreasury Board of Canada SecretariatOffice of the Chief Information Officeraccess to informationpersonal informationapplication feeidentification requirements

Source: Canada Gazette

Official source