Access to information and privacy

Frequently asked questions

1. Who can make a request under the Access to Information Act?
2. Who can make a request under the Privacy Act?
3. What is the fee for a Privacy request?
4. What is the fee for an Access request?
5. How long does the Department have to respond?
6. Can requesters obtain personal information on people other than themselves?
7. Can a requester receive personal information on someone who is deceased?
8. Can a requester get more personal information through a Privacy or an Access to Information request?
9. How and where does a requester submit a Privacy request?
10. How and where does a requester submit an Access request?
11. How can a requester obtain information on an individual who arrived in Canada before 1936?
12. What information should be provided to obtain a naturalization record?
13. Can non-residents of Canada who are conducting genealogical research access family records held by Canadian federal institutions?
14. I sponsored a family member who resides outside of Canada, and she/he applied for permanent residence at a visa office overseas. Can I obtain information on that file?

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Q.1: Who can make a request under the Access to Information Act

A: Any individual present in Canada can make a request under the Access to Information Act.

Canadian citizens and permanent residents also have the right to make a request under the Access to Information Act from outside of Canada. An individual who is not a Canadian citizen or a permanent resident cannot make a request under the Access to Information Act from outside of Canada.

Q.2: Who can make a request under the Privacy Act?

A: Any individual present in Canada can make a request under the Privacy Act.

Canadian citizens and permanent residents also have the right to make a request under the Privacy Act from outside of Canada. An individual who is not a Canadian citizen or a permanent resident cannot make a request under the Privacy Act from outside of Canada. However, an individual can ask a representative, who is a Canadian citizen or a permanent resident, to make a request for his or her personal information under the Access to Information Act, with written consent.

Q.3: What is the fee for a Privacy request?

A: There is no fee for Privacy requests.

Q.4: What is the fee for an Access request?

A: Each request filed under the Access to Information Act costs $5 (money order or cheque payable to the Receiver General for Canada). There may be additional charges if copying, computer processing or search and preparation time are required. (The first five hours of search and preparation time is free.)

Q.5: How long does the Department have to respond?

A: For requests made pursuant to the Access to Information Act, the Department has 30 days to respond to a formal request. However, this period may be extended for a reasonable period of time if the request is for a large number of records or necessitates a search through a large number of records and meeting the original time limit would unreasonably interfere with the operations of the government institution.

A time extension may also be granted if consultations are necessary to comply with the request that cannot be completed within the original time limit. If the required time extension is greater than 30 days, the head of the institution is required under subsection 9(2) of the Act to inform the Information Commissioner of the extension. The requestor will also be given notice of the extension, within 30 days after the request is received, including the length of the extension. The notice shall contain a statement that the individual has the right to make a complaint to the Information Commissioner about the extension.

In the case of formal requests made pursuant to the Privacy Act, the Department also has 30 days to respond. This period may be extended to a maximum of 30 days if meeting the original time limit would unreasonably interfere with the operations of the government institution, or if consultations are necessary to comply with the request that cannot be completed within the original time limit. The period may also be extended for a reasonable period of time if additional time is necessary for translation purposes or for the purposes of converting the personal information into an alternative format. The requestor will be given notice of the extension, within 30 days after the request is received, including the length of the extension. The notice shall contain a statement that the individual has the right to make a complaint to the Privacy Commissioner about the extension.

Q.6: Can requesters obtain personal information on people other than themselves?

A: To obtain the personal information of other individuals 18 years of age or over, you must submit their written consent authorizing you to receive their personal information. Consent may be provided by completing the Authority to Release Personal Information to a Designated Individual form or by way of a written statement indicating the name of the person giving the consent and to whom consent is being given. The consent must be signed and dated by the person giving the consent. Permission is not required to obtain the information of any dependants who are under 18 years of age.

Q.7: Can a requester receive personal information on someone who is deceased?

A: Personal information can be released if an individual has been deceased for 20 years or more. Reasonable proof must be provided. Examples of what constitutes reasonable proof include obituary notices, death certificates, photographs of tombstones and provincial vital statistics. If a person has been dead for less than 20 years, the executor or executrix of the estate or, in the case of an individual who has died without a will (intestate), the administrator of the estate, may request the personal information of the deceased. The executor or administrator of the estate does not have an unlimited right of access to all of the deceased’s personal information, only that information which will allow them to fulfil their legal responsibilities to finalize the estate.

Q.8: Can a requester get more personal information through a Privacy or an Access to Information request?

A: The same information will be released through either act.

Q.9: How and where does a requester submit a Privacy request?

A: To make a formal request under the Privacy Act, complete CIC’s Access to Information or Personal Information Request form or Treasury Board’s Request for Personal Information form. You can also choose to send a letter detailing the information you wish to receive. You must state in your letter that your request is being made under the Privacy Act. Send your completed form or letter to the appropriate region or Case Processing Centre where the file is held.

Q.10: How and where does a requester submit an Access request?

A: To make a formal Access to Information request, complete CIC’s Access to Information or Personal Information Request form or Treasury Board’s Access to Information Request form. You can also choose to send a letter detailing the information you wish to receive. You must state in your letter that your request is being made under the Access to Information Act. Send your completed form or letter, along with the $5 application fee, to:

Access to Information and Privacy Coordinator
Narono Building
360 Laurier Avenue West, 10th floor
Ottawa, Ontario
K1A 1L1

Q.11: How can a requester obtain information on an individual who arrived in Canada before 1936?

A: Landing and immigration records for individuals who arrived in Canada before 1936 (passenger lists 1865–1935 and border entry lists 1908–1935) are under the control of the National Archives of Canada and are available free of charge. Requests for these records should be sent to:

National Archives of Canada
Researcher Services Division
Genealogy Section
395 Wellington Street, 3rd floor
Ottawa, Ontario
K1A 0N3
Fax: (613) 995-6274

or see www.collectionscanada.ca/genealogy/index-e.html.

Q.12: What information should be provided to obtain a naturalization record?

A: The more information provided, the better. This includes the following:

• Complete name
• Date of birth
• Certificate number (if available)
• Date of entry
• Port of entry
• If accompanied, provide names of companions (e.g., spouse’s name)
• If the person is deceased, please provide proof of death (death certificate, executorship).

Before sending a request, ensure that the following information is included:

• Subject’s name at entry into Canada
• Subject’s date of birth
• Subject’s date of entry into Canada and port of entry
• Subject’s country of birth
• Subject’s Canadian citizenship or naturalization number
• Subject’s CIC file number and location
• Sponsor’s name and date of birth
• Sponsor’s CIC file number and location

Q.13: Can non-residents of Canada who are conducting genealogical research access family records held by Canadian federal institutions?

A: Only Canadian citizens, permanent residents and individuals present in Canada can make use of the Access to Information Act and the Privacy Act. However, you can ask that a Canadian citizen or a permanent resident submit an Access to Information or Privacy request on your behalf. Keep in mind that the records will be mailed to the requester within Canada. It is also important to note that we require written consent and proof of executorship or letters of administration when records belonging to individuals deceased less than 20 years are requested (consent must be signed and dated).

Q.14: I sponsored a family member who resides outside of Canada, and she/he applied for permanent residence at a visa office overseas. Can I obtain information on that file?

A: If you are seeking personal information that is not your own, in this case, a family member’s file, you must submit a request under the Access to Information Act. You must obtain prior consent from the family member (and any individuals over 18 years of age who are included on the file) to obtain his/her personal information. In such a case, the $5 application fee applies.

If, however, you are requesting information contained in your own sponsorship file, you must submit a request under the Privacy Act and no fees apply.