Amendments to Access to Information Regulations

Summary#

This is a proposed set of changes called the Regulations Amending the Access to Information Regulations, published in the Canada Gazette on December 24, 2022 by the Treasury Board Secretariat. It would remove rules that allow most extra fees for information requests and would make clear when institutions can ask requesters for proof of identity or eligibility. The public can comment for 30 days after publication.

What it does#

• Removes rules that set fees for searching, preparing, reproducing, or producing records in alternative formats. The only fee that would remain in the regulations is the application fee of $5.
• Allows a government institution to ask for extra information when a request does not clearly show the person has a right to access the records under section 4 of the Access to Information Act.
• Allows a government institution to require adequate identification before releasing records that contain the requester’s personal information, unless the requester’s identity has already been confirmed.
• Updates wording so references to “the Act” are clearer by using “Part 1 of the Act” where appropriate.
• These are proposed regulations (not yet law). They would come into force on the day they are registered if approved. The notice invites comments for 30 days after publication.

Who's affected#

• People who make access-to-information requests to the federal government, including Canadian citizens, permanent residents, individuals present in Canada, and corporations present in Canada.
• Federal access-to-information staff and offices (for example, Access to Information and Privacy Offices) that process requests.
• The changes are not expected to affect small businesses or modern treaty obligations, according to the proposal.

Why it matters#

• It removes uncertainty about fees. People requesting records should not face surprise charges for search or preparation — only the flat application fee of $5 would remain in the regulations.
• If you ask for records that include your personal information, you may need to show ID or other information to prove you are entitled to those records.
• The changes formalize current government practice and align the regulations with earlier changes to the law (notably in 2016 and 2019) and with related policy documents.
• This is a proposal open for comment; it is not yet in force. Comments were invited for 30 days from publication on December 24, 2022.