Access to Information Act*

Summary#

• Bill 34 replaces Alberta’s Freedom of Information and Protection of Privacy Act with a new Access to Information Act.
• It sets the rules for getting government records, what can be withheld, how long responses can take, what fees can be charged, and how decisions can be reviewed.

Key changes

• Keeps a general right to access records held by provincial and local public bodies, with a 30 business day response target and limited extensions.
• Lets public bodies refuse (“disregard”) requests that are abusive, threatening, repetitive, overly broad, incomprehensible, or already answered.
• Expands or clarifies records that are outside the Act, including Cabinet and Treasury Board confidences, some ministerial briefings (closed for 5 years), political staff communications, and internal audit records (closed for 15 years).
• Maintains and updates exceptions for business interests, personal privacy, safety, law enforcement, intergovernmental relations, and a public body’s economic interests.
• Requires disclosure, without delay, of information about a serious risk to health, safety, or the environment, or other information clearly in the public interest.
• Keeps the Information and Privacy Commissioner’s oversight role and creates an independent adjudicator (a judge) for conflicts. Orders are final but can be taken to court by judicial review. Adds stronger penalties and whistleblower protections.
• Repeals the old FOIP law; current requests made under the old law will be finished under that law. The new Act takes effect on a future date set by government.

What it means for you#

• Residents and applicants

  • You can request records from ministries, agencies, municipalities, school boards, and health bodies. You must describe what you want in writing and may be charged fees.
  • You should get a response within about 6 weeks (30 business days). Time can be extended in narrow cases (for many records, consultations, emergencies, or multiple overlapping requests).
  • A public body can refuse to process requests that are abusive, repetitive, too broad, or unclear. If you do not respond to a clarification or fee notice within 30 business days, your request can be declared abandoned.
  • You can ask the Commissioner to review refusals, delays, fee waivers, or decisions to disregard. If the Commissioner has a conflict, a judge appointed as an independent adjudicator can review instead.
  • If there is a serious and significant risk to health, safety, or the environment, the public body must disclose information in the public interest, even without a request.

• Journalists, researchers, and advocates

  • You still have access rights, but some categories are broader than before. “Advice from officials” now includes background factual information, which can reduce what is released during policy development.
  • Communications between political staff (or between a minister and political staff, if no other public body employee is involved) are outside the Act.
  • Ministerial briefing binders (for taking over a ministry or preparing for a legislative sitting) are outside the Act for 5 years. Chief Internal Auditor records are outside for 15 years.
  • You can file a “continuing request” for up to 2 years to receive updates on a set schedule.

• Businesses and third parties

  • Trade secrets and confidential commercial, financial, scientific, and technical information are protected. Tax return information is also protected.
  • You will be notified and can argue against release if your business information or personal information may be disclosed.
  • Information on non‑arm’s‑length transactions with government can be released. Contracts to supply goods and services are more open.
  • Stronger penalties apply if anyone alters or destroys records to avoid access.

• Public employees and whistleblowers

  • You have a duty to assist applicants openly, accurately, and completely.
  • You are protected if, acting in good faith, you disclose to the Commissioner information that should be released in the public interest. Employers face fines for reprisals.
  • It is an offence to obstruct the Commissioner, mislead them, or destroy/alter records to evade a request.

• Public bodies and local governments

  • Must meet 30 business day timelines (with limited extensions), help applicants, consult third parties when needed, and issue clear responses.
  • May set categories of records for proactive release and must make staff manuals and guidelines available. There is no right to review a decision about what to publish proactively.
  • Can charge fees up to actual cost; must consider fee waivers for hardship or public interest.
  • May disregard abusive or unworkable requests and declare requests abandoned after a non‑response.
  • Face increased offence penalties (up to $50,000) for serious violations.

Expenses#

No publicly available information.

Proponents' View#

• Modernizes and clarifies access rules, timelines, and duties, making the system easier to navigate and administer.
• Helps public bodies manage abusive, repetitive, or overly broad requests so resources focus on legitimate access.
• Strengthens privacy and business protections, including trade secrets and tax information.
• Keeps and strengthens the public‑interest override for urgent health, safety, and environmental risks.
• Boosts accountability with higher penalties for destroying or falsifying records and with protections for employees who report concerns.
• Adds an independent adjudicator to ensure impartial reviews when the Commissioner has a conflict.

Opponents' View#

• Expands exclusions and secrecy around government decision‑making (e.g., political staff communications, minister briefings, Cabinet/Treasury confidences, and broader “advice” that now includes background facts), which could reduce transparency.
• Gives public bodies wide power to disregard requests as abusive, overly broad, or incomprehensible, which could block difficult but legitimate inquiries.
• Limits oversight by removing a right to review decisions about what is proactively published and by making the Commissioner’s orders “final” (leaving only judicial review).
• Longer blackout periods (5 or 15 years) for some records may delay public access to important information.
• Fees and time extensions may discourage requests or slow access, especially for the public and small newsrooms.