Frequently asked questions
What information is available under the Access to Information and Privacy Acts?
A: Most government information is available. Major exceptions are Cabinet documents and information that could be injurious to Canada’s security or economy, federal-provincial relations and international affairs. Information about individuals may be disclosed only with their consent or if it is found to be in the public interest. Individuals can obtain their personal information under the Privacy Act.
Who can make a request under the Access to Information Act?
A: Canadian citizens, permanent residents and any individual present in Canada can make a request under the Access to Information Act. Individuals who are neither of the above can ask a representative, who is a Canadian citizen or permanent resident, to make a request on his/her behalf, provided there is written consent.
Who can make a request under the Privacy Act?
A: Canadian citizens, permanent residents and any individual present in Canada can make a request under the Privacy Act.
Will my Access to Information or Privacy request be processed faster if I submit it through a representative?
A: If you choose to hire a representative, your application will not be given special attention, nor can you expect faster processing. The Government of Canada treats everyone equally, whether they use the services of a representative or not.
Citizenship and Immigration Canada (CIC) realizes that the use of a representative to assist in the completion of your Access to Information or Privacy application is a personal choice. Please note that the Government of Canada does not recommend or endorse any individual representative. Visit the following page for more information on immigration representatives.
What is the fee for an Access request?
A: Each request filed under the Access to Information Act requires a $5.00 application fee. A requester can either pay by cheque or money order made payable to the Receiver General for Canada, or by credit card (using the online payment service). There may also be additional fees if copying, computer processing or further search and preparation time is required. (The first five hours of search and preparation are free).
What is the fee for a Privacy request?
A: There are no fees under the Privacy Act.
How and where does a requester submit an Access to Information request?
A: To make a formal request under the Access to Information Act, a requester must submit a written request using CIC’s Access to Information and Personal Information Request Form (IMM 5563) or a letter indicating that the request is made in accordance with the Access to Information Act. Requests must include sufficient detail to enable an experienced employee of CIC, with a reasonable effort, to identify the records that are being requested. You can send your completed form or letter, along with the $5.00 application fee, to:
Access to Information and Privacy Division
Citizenship and Immigration Canada
Narono Building
360 Laurier Avenue West, 10th floor
Ottawa, Ontario
K1A 1L1
How and where does a requester submit a Privacy request?
A: To make a formal request under the Privacy Act, a requester must submit a written request using CIC’s Access to Information and Personal Information Request Form (IMM 5563) or a letter indicating that the request is made in accordance with the Privacy Act. Requests must include sufficient detail to enable an experienced employee of CIC, with a reasonable effort, to identify the records that are being requested. You can send your completed form or letter to the appropriate region or Case Processing Centre where the file is held or to the ATIP Division at NHQ at the following address:
Access to Information and Privacy Division
Citizenship and Immigration Canada
Narono Building
360 Laurier Avenue West, 10th floor
Ottawa, Ontario
K1A 1L1
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 for 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.
Can requesters obtain personal information on people other than themselves?
A: To obtain the personal information belonging to someone else, 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.
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 of death 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, only the executor or executrix of the estate or, in the case of an individual who has died without a will, 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, but only that information which will allow them to fulfill their legal responsibilities to finalize the estate.
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 Library and Archives Canada and are available free of charge. Requests for these records should be sent to:
Library and Archives Canada
Researcher Services Division
Genealogy Section
395 Wellington Street, 3rd floor
Ottawa, Ontario
K1A 0N3
Fax: 613-995-6274
For more information on the Canadian Genealogy Centre, you may consult the following website: www.collectionscanada.ca.
What information should be provided to obtain a naturalization record?
A: The more information provided, the better. This includes, but is not limited to, 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).
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 a request for information under the Access to Information Act and the Privacy Act. However, you may ask a Canadian citizen or a permanent resident to submit an Access to Information 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 (signed and dated) or proof of executorship, if the individual whose personal information is being sought has been deceased for less than 20 years.
I sponsored a family member who resides outside of Canada, and he/she 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 $5.00 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.