How FOI fees, rules and processes vary by jurisdiction
Select a jurisdiction:
This guide was last updated on Jan. 2, 2024.
Federal government
The legislation: The federal Access to Information Act came into force in 1983.
Who can file a request: Only Canadian citizens or permanent residents have rights under the federal access act.
What entities are subject to the legislation: The federal access act specifies that all records held by a ”government institution“ are subject to the law. It goes on to define this as any department or ministry of state of the Government of Canada, or any body or office, listed in Schedule I, as well as any parent Crown corporation, and any wholly-owned subsidiary of such a corporation.
Fees: In 2019, the government passed Bill C-58, which eliminated the ability of institutions to impose any fees other than the application fee. As such, federal entities can no longer charge fees for processing a request or reproducing documents. There is still a $5 application for federal ATIP requests. Fees paid by cheque to core federal entities (such as a department) can be made payable to the Receiver General for Canada.
Time frame: Federally, a public body must provide written notice to a requester that a request has been received within 30 days and it must release any records if access is being granted. However, the institution may extend the time limit “for a reasonable period of time” for a variety of reasons, including if the request is for a large number of records.
Exemptions and a public interest override: As a general principle, Canada’s access to information laws are supposed to ensure that publicly-held information is open by default. However, the laws in each jurisdiction outline specific instances in which information can be withheld. These exemptions vary slightly across the country, but in general there are statutes that protect things such as: personal information, business trade secrets, solicitor-client privilege, advice to cabinet and national security. But in many jurisdictions, the act also sets out a “public interest override” – meaning that even if the information is covered by an exemption, it is so important that the public deserves to know. The federal act doesn’t have a general public interest override provision, however, there are some provisions that require consideration of the public interest. Paragraph 19(2)(c) allows for the disclosure of personal information where a public interest in disclosure clearly outweighs any invasion of privacy. Subsection 20(6) allows for the disclosure of third-party information, where a public interest in disclosure related only to public health, public safety or the protection of the environment exists – or if the public interest in disclosure clearly outweighs any financial loss or gain to the third party – or any prejudice to its security, competitive position or negotiations.
Unique aspects of the law in this jurisdiction: The Supreme Court of Canada considers the Access to Information Act to be “quasi-constitutional.” This means the public has a broad right of access to government information in support of freedom of expression and democratic participation. Quasi-constitutional laws are, generally, supposed to override other inconsistent laws.
What is the appeals process in this jurisdiction? If a requester is dissatisfied with how a public body has handled a request, they can file an appeal with the Office of the Information Commissioner. An appeal must be submitted within 60 days.
Does the appeals body have order-making power? As of June, 2019, if the Commissioner determines a complaint is well-founded, she generally has the authority to order a public body to release a record. Prior to this, the federal Commissioner could only make recommendations.
Additional resources
Filing a federal access request is more straightforward than in many jurisdictions. Since 2018, there has been an online portal, which includes more than 200 institutions. The federal government also posts summaries of completed access requests online.
For more information, visit:
British Columbia
The legislation: British Columbia introduced its Freedom of Information and Protection of Privacy Act (FOIPPA) in 1993.
Who can file a request: Anyone can file an access request with the B.C. government.
What entities are subject to the legislation: The act states that records held by a “public body” are subject to FOIPPA. The definition of a public body in British Columbia is spelled out here. It states that a ministry of the government of British Columbia, including, for certainty, the Office of the Premier, an agency, board, commission, corporation, office or other body designated in, or added by regulation to, Schedule 2, or a local public body. The act makes clear that the office of a person who is a member or officer of the Legislative Assembly, or the Court of Appeal, Supreme Court or Provincial Court, are not considered public bodies.
In 1994, B.C. expanded its act to cover local government bodies such as health authorities, hospitals, municipalities, school districts, universities and police boards. In 1995, coverage extended to include self-governing professional organizations such as the College of Physicians and Surgeons and the Law Society of BC.
Fees: Applicants filing a general records request – records that are not their own personal information – must pay a $10 application fee. From there, people may have to pay additional processing fees if fulfilling a request is labour-intensive. Any work beyond the first three hours is billed at a rate of $30/hour. Applicants can also be charged for the time that it takes to prepare records. For all processing fee charges, see Regulation 13 of FOIPPA.
Individuals seeking their own personal information and Indigenous governing entities do not have to pay any application fee. Payments made by cheque to core provincial entities (such as a ministry) should be made payable to the Minister of Finance.
Time frame: Within 30 days of a request being received, a public body must provide written notice to a requester that a request has been received. If access is being granted, the public body must explain where, when and how access will be given. If the record is being refused, requesters must be given an explanation. The government institution may extend the time limit for up to 30 days for a variety of reasons, including if a large number of records is being requested.
Exemptions and a public interest override: As a general principle, Canada’s access to information laws are supposed to ensure that publicly-held information is open by default. However, the laws in each jurisdiction outline specific instances in which information can be withheld. These exemptions vary slightly across the country, but in general there are statutes that protect things such as: personal information, business trade secrets, solicitor-client privilege, advice to cabinet and national security. But in many jurisdictions, the act also sets out a “public interest override” – meaning that even if the information is covered by an exemption, it is so important that the public deserves to know. In the request, you can argue this.
British Columbia is a jurisdiction that has a public-interest override. It is outlined in section 25 of FOIPPA.
Unique aspects of the law in this jurisdiction: British Columbia has one of the most open policies around access in the country. It was the first province in Canada to publish its data under an open license (since July, 2011). B.C.’s Open information portal helps people track the use of public funds. The province is also one of the only jurisdictions to post completed general access requests online and it also proactively discloses some of government’s most requested documents.
What is the appeals process in this jurisdiction? If a requester is dissatisfied with how a public body has handled a request, they can file an appeal with the province’s Office of the Information and Privacy Commissioner. Additional details are under Part 5 of FOIPPA. A requester must file an appeal within 30 business days of receiving the public body’s response.
Does the appeals body have order-making power? Yes, a commissioner has the authority to order a public body to release a record.
Additional resources
Alberta
The legislation: Alberta’s Freedom of Information and Protection of Privacy Act (FOIP) came into force on Oct. 1, 1995.
Who can file a request: Any individual, including non-citizens and businesses abroad, has a right to access any record in the custody or under the control of a public body, including a record containing personal information about the applicant. They are not required to file the request through a Canadian intermediary.
What entities are subject to the legislation: Alberta’s act states that the law applies to “a public body.” In the legislation, a public body is defined as a department, branch or office of the Government of Alberta; an agency, board, commission, corporation, office or other body designated as a public body in the regulations; the Executive Council Office; the office of a member of the Executive Council; the Legislative Assembly Office; the office of the Auditor General, the Ombudsman, the Chief Electoral Officer, the Ethics Commissioner, the Information and Privacy Commissioner, the Child and Youth Advocate or the Public Interest Commissioner; or a local public body. The legislation goes on to define a “local public body” as an educational body, a health care body or “a local government body.” The act then goes on to define a “a local government body.” The explanation is long, but includes municipalities; improvement districts; Metis settlements established under the Metis Settlements Act; commissions; police services; municipal library boards; plus boards, agencies or corporations that are created or owned by a public body (with some exceptions).
Additionally, the Freedom of Information and Protection of Privacy (Ministerial) Regulation lists some additional entities that are subject to the act, such as Alberta Innovates, Invest Alberta Corporation and the New Home Buyer Protection Board. A list of public bodies and agencies can be found here.
Notably, the act states that Alberta’s courts and the office of the Speaker of the Legislative Assembly, as well as the office of a Member of the Legislative Assembly are not covered.
Fees: For general, non-personal information, there is a $25 initial fee. There are no additional charges unless the total cost for processing the request is over $150. For an individual’s own personal information, there is no fee, unless the cost of producing copies of records exceeds $10. Where the amount exceeds $10, they are billed the full amount for copying the records. With respect to access requests directed at provincial ministries, the cheque should be made out to the Government of Alberta.
Time frame: In Alberta, a public body must “must make every reasonable effort” to respond to a request within 30 days. If access is being granted, the public body must explain where, when and how access will be given. If the record is being refused, requesters must be given an explanation. The government institution may extend the time limit for up to 30 days – or longer with the permission of the province’s Information and Privacy Commissioner of Alberta – for a variety of reasons, including if a large number of records is being requested.
Exemptions and a public interest override: As a general principle, Canada’s access to information laws are supposed to ensure that publicly-held information is open by default. However, the laws in each jurisdiction outline specific instances in which information can be withheld. These exemptions vary slightly across the country, but in general there are statutes that protect things such as: personal information, business trade secrets, solicitor-client privilege, advice to cabinet and national security. But in many jurisdictions, the act also sets out a “public interest override” – meaning that even if the information is covered by an exemption, it is so important that the public deserves to know.
Section 32 of Alberta’s FOIP legislation states: “Whether or not a request for access is made, the head of a public body must … disclose to the public … information about a risk of significant harm to the environment or to the health or safety of the public … or information the disclosure of which is, for any other reason, clearly in the public interest.”
The appeals process: In Alberta, complaints must be made to the Office of the Information and Privacy Commissioner of Alberta within 60 days after they are notified of the decision by the public body. There is no charge to request a review.
Does the appeals body have order making power? Yes, a commissioner has the authority to order a public body to release a record.
Additional resources
The Government of Alberta website provides an overview of FOIP as well as training and other resources, including information regarding how to submit a FOIP request and how to file a complaint or report a privacy breach
The Office of the Information and Privacy Commissioner website provides information regarding which entities are subject to the FOIP Act
The FOIP Guidelines and Practices website provides a comprehensive reference tool for the application of FOIP. It incorporates amendments to the FOIP legislation up to June 1, 2009
Saskatchewan
The legislation: In 1992, Saskatchewan enacted access and privacy laws with The Freedom of Information and Protection of Privacy Act (FOIP). A year later, the province proclaimed The Local Authority Freedom of Information and Protection of Privacy Act.
Who can file a request: Anyone can submit an access to information request in Saskatchewan.
What entities are subject to the legislation: In Saskatchewan, the FOIP Act states that the public has the right to records that are under the control of a “government institution.” The legislation describes in detail what is covered by this term, including: the office of the Executive Council or any department, secretariat or other similar agency of the executive government of Saskatchewan; any prescribed board, commission, or Crown corporation whose members or directors are appointed by the Lieutenant Governor in Council, a member of the Executive Council; or – in the case of a board, commission or other body – by a Crown corporation.
At the LAFOIP level, entities that are subject to the legislation include: a municipality, a committee of a council of a municipality, any board, commission or other body that is appointed pursuant to The Cities Act, The Municipalities Act or The Northern Municipalities Act; the board of a public library, any board of education or conseil scolaire, police services, regional colleges (other than the Saskatchewan Indian Community College), Saskatchewan Polytechnic; the University of Saskatchewan, including Saint Thomas More College, the University of Regina, plus any board, commission or other body that receives more than 50 per cent of its annual budget from the Government of Saskatchewan or a government institution.
Fees: Fees are a bit more complicated in Saskatchewan because of the two acts. Requests filed to bodies covered under LAFOIP require a $20 application fee. But requests filed under FOIP don’t. There may be processing fees, however. Additional processing and production fees may be applicable in both scenarios. For example, with government institutions (FOIP), work associated with requests that take longer than two hours to process is billed at $15 for each half hour of work. For local authorities, requesters are only given one hour of work. Beyond that, it’s the same $15 for each half hour.
Time frame: Under both the FOIP Act and LAFOIP Act, public bodies are to respond to a request within 30 days. If access is being granted, the public body must explain “where, or manner in which,” access will be available. If access is being denied, the government institution must provide reasons. The public body may extend the time limit for up to 30 days for a variety of reasons, including if a large number of records is being requested.
Exemptions and a public interest override: As a general principle, Canada’s access to information laws are supposed to ensure that publicly-held information is open by default. However, the laws in each jurisdiction outline specific instances in which information can be withheld. These exemptions vary slightly across the country, but in general there are statutes that protect things such as: personal information, business trade secrets, solicitor-client privilege, advice to cabinet and national security. But in many jurisdictions, the act also sets out a “public interest override” – meaning that even if the information is covered by an exemption, it is so important that the public deserves to know.
However, Saskatchewan is a jurisdiction that does not have a public-interest override.
What is the appeals process in this jurisdiction? Applicants can contact the Saskatchewan Office of the Information and Privacy Commissioner. In general, a requester has one year to appeal from the time they receive a response.
Does the appeals body have order making power? No, the commissioner does not have the authority to order a public body to release a record. They can only make recommendations.
Additional resources
Manitoba
The legislation: Manitoba passed its Freedom of Information Act in 1985, and came into effect in 1988. This law was replaced by The Freedom of Information and Protection of Privacy Act in 1997. It was proclaimed in effect with respect to Manitoba government departments and government agencies on May 4, 1998, and for the City of Winnipeg on Aug. 31, 1998. FIPPA was extended to other local public bodies (such as school divisions, other municipalities, regional health authorities, etc.) on April 3, 2000.
Who can file a request: Anyone can file access requests in Manitoba. There are no restrictions.
What entities are subject to the legislation: Manitoba’s act states that any person has a right of access to records in the custody or under the control of “public bodies.” It defines public bodies as a department, government agency, the Executive Council Office, the office of a minister and a local public body. A “local public body” is defined as an educational body, a health care body and a local government body. From there, it spells out what a “local government body” is, including: municipalities, local government districts, and planning regions. Police services established by municipalities are also covered, as stated in the act regulations.
Notably, the act states that the office of a Member of the Legislative Assembly who is not a minister, the office of an officer of the Legislative Assembly, or the Court of Appeal, the Court of King's Bench or the Provincial Court, are not considered public bodies.
Fees: There is no application fee in Manitoba. The act does authorize charging fees for certain activities and expenses incurred by public bodies, which are regulated and in sections 4-9 in the Access and Privacy Regulation, and available online at Access and Privacy Regulation, M.R. 64/98. For example, work associated with requests that take longer than two hours to process is billed at $15 for each half hour of work.
Time frame: In Manitoba, a public body must “make every reasonable effort” to respond to a request within 45 days. If access is being granted, the public body must explain where, when and how access will be given. If the record is being refused, requesters must be given an explanation. The government institution may extend the time limit for up to 30 days – or longer with the permission of Manitoba’s ombudsman – for a variety of reasons, including if a large number of records is being requested.
Exemptions and a public interest override: As a general principle, Canada’s access to information laws are supposed to ensure that publicly-held information is open by default. However, the laws in each jurisdiction outline specific instances in which information can be withheld. These exemptions vary slightly across the country, but in general there are statutes that protect things such as: personal information, business trade secrets, solicitor-client privilege, advice to cabinet and national security. But in many jurisdictions, the act also sets out a “public interest override” – meaning that even if the information is covered by an exemption, it is so important that the public deserves to know.
However, there is no public override in Manitoba.
What is the appeals process in this jurisdiction? If an applicant is unhappy with the response to a request, they can file a complaint with the Manitoba Ombudsman, which is the oversight body for FIPPA in Manitoba. If a public body does not act on a recommendation of the Ombudsman, at the request of the Ombudsman, the Access and Privacy Adjudicator must conduct a review. In Manitoba, most complaints must be made within 60 days of the requester receiving the public body’s response.
Does the appeals body have order making power? No, the ombudsman does not have the authority to order a public body to release a record. They can only make recommendations.
Additional resources
The Manitoba government created some videos to help the public under the access legislation. They are available on the government's website.
Ontario
The legislation: The Government of Ontario passed the Freedom of Information and Protection of Privacy Act (FIPPA) in 1987 and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) in 1989.
Who can file a request: In Ontario, both access laws state that “every person has a right of access to a record” under the control of an institution. There are no restrictions.
What entities are subject to the legislation: There are about 1,500 institutions that are subject to access legislation in the province, including ministries, boards of health, colleges, conservation authorities, hospitals, municipal corporations, police services boards, library boards, school boards, transit commissions, and provincial agencies, boards and commissions. A full list can be found here.
Fees: There is a $5 application fee for requests filed in Ontario. Any requests sent to a provincial ministry should be made payable to the “Minister of Finance.” Applicants may also be charged additional fees for the time required to process a request. For example, an institution can charge an applicant $7.50 for each 15 minutes spent searching for or preparing a record.
Time frame: In Ontario, a public body must respond to a request within 30 days. If access is being granted, the public body must produce the record. The government institution may extend the time limit “for a period of time that is reasonable” for a variety of reasons, including if a large number of records is being requested.
Exemptions and a public interest override: As a general principle, Canada’s access to information laws are supposed to ensure that publicly-held information is open by default. However, the laws in each jurisdiction outline specific instances in which information can be withheld. These exemptions vary slightly across the country, but in general there are statutes that protect things such as: personal information, business trade secrets, solicitor-client privilege, advice to cabinet and national security. But in many jurisdictions, the act also sets out a “public interest override” – meaning that even if the information is covered by an exemption, it is so important that the public deserves to know.
Ontario does have a public-interest override: Section 23 of FIPPA and section 16 of MFIPPA.
Unique aspects of the law in this jurisdiction: Ontario’s access laws have two unique elements. Section 15.1 of FIPPA and section 9.1 of MFIPPA allows institutions to withhold records if:
Disclosure could reasonably be expected to prejudice the conduct of relations between an indigenous community and the Government of Ontario or an institution;
It could reveal information received in confidence from an Aboriginal community by an institution. This exemption provides an explicit protection that is limited and specific.
What is the appeals process in this jurisdiction? A requester or affected third party who is unhappy with the response they’ve received from a government institution can file an appeal with the Office of the Information and Privacy Commissioner of Ontario. Appeals must be filed within 30 days of receiving a public body’s decision.
Does the appeals body have order making power? Yes, a commissioner has the authority to order a public body to release a record.
Additional resources
Ontario publishes information online about how to make an FOI request
More information about the FOI process can be found in Ontario’s Freedom of Information and Protection of Privacy manual
Quebec
The legislation: Quebec’s “Loi sur l’accès aux documents des organismes publics et sur la protection des renseignements personnels” (Access to Information and Protection of Personal Information) law came into force on Oct. 1, 1982, but most of the provisions came into force on July 1, 1984.
Who can file a request: In Quebec, the act states “every person” has a right of access. There are no restrictions.
What entities are subject to the legislation: The act states that it applies to records kept by a “public body” in the exercise of its duties, whether it keeps them itself or through the agency of a third party. It goes on to say that “the Government, the Conseil exécutif, the Conseil du Trésor, the government departments and agencies, municipal and school bodies and the health services and social services institutions” are all public bodies. The Lieutenant-Governor, the National Assembly, agencies whose members are appointed by the Assembly and every person designated by the Assembly to an office under its jurisdiction, together with the personnel under its supervision, are also considered public bodies and subject to access laws in the province. (The act notes that the courts are not.)
The legislation expands at length upon the definition of municipal body including: a municipality, a public transit authority and any body declared by law to be the mandatary or agent of a municipality, and any body whose board of directors is composed in the majority of members of the council of a municipality; plus any body whose board of directors includes at least one elected municipal officer sitting on the board in that capacity and for which a municipality or a metropolitan community adopts or approves the budget or contributes more than half the financing. (It clarifies that the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales (FQM) are not municipal bodies.) School bodies and health and social services institutions are also given lengthy expanded definitions. Helpfully, the government provides a list of subject entities with contact information, which can be viewed here.
Fees: There is no application fee in Quebec, although additional fees may apply to process and deliver the records. The details are outlined here.
Time frame: In Quebec, a public body must respond to requests within 20 days and provide access to the record if its release is being granted. If the record is being refused, requesters must be given an explanation. The government institution may extend the time limit for “not over 10 days” for a variety of reasons, including if a large number of records is being requested.
Exemptions and a public interest override: As a general principle, Canada’s access to information laws are supposed to ensure that publicly-held information is open by default. However, the laws in each jurisdiction outline specific instances in which information can be withheld. These exemptions vary slightly across the country, but in general there are statutes that protect things such as: personal information, business trade secrets, solicitor-client privilege, advice to cabinet and national security. But in many jurisdictions, the act also sets out a “public interest override” – meaning that even if the information is covered by an exemption, it is so important that the public deserves to know.
In Quebec, a matter of significant public interest can override exemptions in some cases. Specifically, with respect to information that “reveals or confirms the existence of an immediate hazard to the life, health or safety of a person or a serious or irreparable violation of the right to environmental quality, unless its disclosure would likely seriously interfere with measures taken to deal with such a hazard or violation.”
Unique aspects of the law in this jurisdiction: Quebec is one of the most transparent provinces when it comes to access to information. Section 16.1 of the act requires many public bodies in the province to publish online documents and information that have been “made accessible by law,” which is why many entities in Quebec post completed ATIP requests online.
What is the appeals process in this jurisdiction? A requester who is dissatisfied with the response to a request from a public body has 30 days to file an appeal with la Commission d’accès à l’information. The process is unique in the country, in that it operates as an administrative court.
Does the appeals body have order making power? Yes, the administrative judge can order a public body to release a record.
Additional resources
New Brunswick
The legislation: In 1978, New Brunswick became the second Canadian jurisdiction to introduce access to information legislation. That act – the Right to Information Act – was repealed in September, 2010, and replaced with the Right to Information and Protection of Privacy Act (RTIPPA).
Who can file a request: Anyone can file an access request with a public body in New Brunswick under RTIPPA. There are no restrictions.
What entities are subject to the legislation: The act states that it gives access to records in the custody or under the control of “public bodies.” A “public body” is defined as a department, secretariat or office of the Province of New Brunswick; a government body, board, Crown corporation or commission listed under Part IV of the First Schedule of the Public Service Labour Relations Act; a government body; the office of a Minister of the Crown; and a local public body. A “local public body” is defined as an educational body, a health care body and a local government body, which includes municipalities and municipal police services. A directory of public bodies in the province is available here. (Note that RCMP units that operate in New Brunswick are covered under the federal ATIPP Act.)
The act also stipulates that the office of a member of the Legislative Assembly, the office of an officer of the Legislative Assembly, and The Court of Appeal of New Brunswick, The Court of Queen’s Bench of New Brunswick, the Provincial Court of New Brunswick and the Small Claims Court of New Brunswick are not considered public bodies and are therefore not subject to access laws.
Fees: In New Brunswick, there are no fees for formal access requests – no application fee and no processing fee, even if the request requires extra time. The act allows fees to be established by way of regulation, but they have never been implemented.
Time frame: In New Brunswick, a public body must respond to requests within 30 business days. If access is being granted, the institution must inform the requester of “the manner in which access will be given.” The government institution may extend the time limit for 30 days if they feel it’s needed. After that, the institution can get an additional 30 business day extension — or longer — with the permission of the province’s Ombudsman.
Exemptions and a public interest override: As a general principle, Canada’s access to information laws are supposed to ensure that publicly-held information is open by default. However, the laws in each jurisdiction outline specific instances in which information can be withheld. These exemptions vary slightly across the country, but in general there are statutes that protect things such as: personal information, business trade secrets, solicitor-client privilege, advice to cabinet and national security. But in many jurisdictions, the act also sets out a “public interest override” – meaning that even if the information is covered by an exemption, it is so important that the public deserves to know.
New Brunswick’s Act provides a public-interest override in special cases: 22(4) to support economic competition and favourable trade, 22(5) and 33.1(1) to protect public health, public safety, or the environment, 38(1) collection of personal information that is in the public interest and 47(6)(b)(iii) use and disclosure in the public interest.
What is the appeals process in this jurisdiction? A requester who is unhappy with the outcome of an access request can file a complaint with New Brunswick’s Ombud’s Office. A complaint must be filed within 40 business days after the receipt of the public body’s response.
Does the appeals body have order making power? No, the ombudsman does not have the authority to order a public body to release a record. They can only make recommendations.
More resources
Nova Scotia
The legislation: Nova Scotia’s Freedom of Information and Privacy Act (FOIPOP)
Who can file a request: Anyone can make a request for information in Nova Scotia. There are no restrictions.
What entities are subject to the legislation: The act states that all records in the custody or under the control of a “public body, including court administration records” are subject to FOI. (There are some exceptions to this, including the Office of the Legislative Counsel, and any court files, records from judges, a judicial administration record or a record relating to support services provided to the judges of those courts are not covered.) The legislation defines a public body as a government department or a board, commission, foundation, agency, tribunal, and association, as well as a local public body, which includes institutions such as hospitals, colleges and universities, and schools. Some other entities, such as public corporations, are also subject to FOI in Nova Scotia and are listed at the bottom of Nova Scotia’s act below “Schedule.” (For example, the Nova Scotia Gaming Corporation and Nova Scotia Power Finance Corporation are covered.)
Fees: There is a $5 application fee for requests involving general information. Requests for an individuals’ own personal information are free. With general requests, there may be additional processing fees at a rate of $30 per hour. A person can request a fee waiver if they are not able to afford the fees or if the records relate to a matter of public interest. For requests to provincial ministries, cheques can be made payable to the Minister of Finance.
Time frame: In Nova Scotia, a public body must respond to a request within 30 days. If access is being granted, the public body must explain where, when and how access will be given. If the record is being refused, requesters must be given an explanation. The government institution may extend the time limit for up to 30 days – or longer with the review officer’s permission – for a variety of reasons, including if a large number of records is being requested. (The review officer is the Information and Privacy Commissioner for Nova Scotia.)
Exemptions and a public interest override: As a general principle, Canada’s access to information laws are supposed to ensure that publicly-held information is open by default. However, the laws in each jurisdiction outline specific instances in which information can be withheld. These exemptions vary slightly across the country, but in general there are statutes that protect things such as: personal information, business trade secrets, solicitor-client privilege, advice to cabinet and national security. But in many jurisdictions, the act also sets out a “public interest override” – meaning that even if the information is covered by an exemption, it is so important that the public deserves to know.
FOIPOP includes general public-interest overrides in the areas of fees and disclosures. In 2001, the Nova Scotia Court of Appeal recognized that Nova Scotia’s legislation was unique in Canada because it ensures that public bodies are fully accountable to the public. That decision can be read here.
Unique aspects of the law in this jurisdiction: Nova Scotia has done significant work in recent years to improve its access to information landscape. In 2021, Nova Scotia launched a new online portal to submit and receive FOIPOP requests. In recent years, the province has also begun posting previously released access requests online.
What is the appeals process in this jurisdiction? Applicants who are dissatisfied with a public body’s response to an access request can ask for a review of the decision with the oversight body, the Office of the Information and Privacy Commissioner. An appeal must be filed within 60 days of the requester receiving a public body’s decision.
Does the appeals body have order making power? No, the commissioner does not have the authority to order a public body to release a record. They can only make recommendations.
Additional resources
Prince Edward Island
The legislation: Prince Edward Island enacted the Freedom of Information and Protection of Privacy Act on Nov. 1, 2002. In 2019, municipal public bodies and educational public bodies were added.
Who can file a request: Anyone can file an FOI request in P.E.I. There are no restrictions.
What entities are subject to the legislation: P.E.I.’s access legislation covers records under the custody or control of “a public body.” It defines a “public body” as a department, branch or office of the Government of Prince Edward Island; an agency, board, commission, corporation, office or other body designated as a public body in the regulations; the Executive Council Office; the office of an officer of the Legislative Assembly; a local public body. It notes that the office of the Speaker of the Legislative Assembly and the office of a Member of the Legislative Assembly, the Court of Appeal of Prince Edward Island, the Supreme Court of Prince Edward Island and the Provincial Court of Prince Edward Island are not considered public bodies for the purposes of the act and therefore not subject to access legislation. The province’s act defines a “local public body” as a designated educational body, or a designated municipality.
Fees: There is a $5 application fee for general requests in Prince Edward Island. There is no application fee for personal requests. The legislation also allows for additional processing fees, if work locating and preparing records takes longer than three hours. In that case, entities can charge $15 per half hour of work. There can also be additional charges for services such as photocopying. More information about fees can be found in Schedule 2 of the regulations. Requests filed with core government bodies (such as a ministry) can be made out to the Minister of Finance.
Time frame: In P.E.I., a public body must make “every reasonable effort” to respond to a request within 30 days. If access is being granted, the public body must explain where, when and how access will be given. If the record is being refused, requesters must be given an explanation. The government institution may extend the time limit for up to 30 days – or longer with the commissioner’s permission – for a variety of reasons, including if a large number of records is being requested.
Exemptions and a public interest override: As a general principle, Canada’s access to information laws are supposed to ensure that publicly-held information is open by default. However, the laws in each jurisdiction outline specific instances in which information can be withheld. These exemptions vary slightly across the country, but in general there are statutes that protect things such as: personal information, business trade secrets, solicitor-client privilege, advice to cabinet and national security. But in many jurisdictions, the act also sets out a “public interest override” – meaning that even if the information is covered by an exemption, it is so important that the public deserves to know.
Prince Edward Island has an override. Section 30 of the act states that information shall be disclosed if there is significant risk of harm to the environment or public health. The section then goes even further, stating information shall be released if, “for any other reason, [it is] clearly in the public interest.”
What is the appeals process in this jurisdiction? An applicant who is dissatisfied with the outcome of a request can ask for a review from the province’s Information and Privacy Commissioner. Applicants have 60 days to file their complaint in writing. There is no fee.
Does the appeals body have order making power? Yes, a commissioner has the authority to order a public body to release a record.
Additional resources
Newfoundland and Labrador
The legislation: In 1981, Newfoundland and Labrador became one of the first jurisdictions in Canada to enact freedom of information legislation. The province’s Access to Information and Protection of Privacy Act can be found here.
Who can file a request: Anyone can file access requests. There are no restrictions.
What entities are subject to the legislation: Newfoundland and Labrador's act provides access to records under the control of “a public body.” Right away, the legislation lists a number of scenarios where records are not subject to the act, including: a record in a court file, a judicial administration record or a record relating to support services provided to the judges of those courts; a personal or constituency record of a member of the House of Assembly, that is in the possession or control of the member; records of a registered political party or caucus; and a personal or constituency record of a minister – among others. The province’s act defines a “public body” as: a department or a branch of the executive government of the province; a corporation, the ownership of which, or a majority of the shares of which is vested in the Crown; a corporation, commission or body, the majority of the members of which, or the majority of members of the board of directors of which are appointed by an act, the Lieutenant-Governor in Council or a minister.
The province also lists under its definition of “public body”: a local public body, the House of Assembly and statutory offices, and a corporation or other entity owned by or created by or for a local government body, which has as its primary purpose the management of a local government asset or the discharge of a local government responsibility. (The act notes the constituency office of a member of the House of Assembly, the Court of Appeal, the Trial Division, or the Provincial Court, or one of the entities listed in a section of the Act titled Schedule B — for example, Commission of Inquiry Respecting the Muskrat Falls Project — is not covered.) The act goes on to define a “local public body” as: an educational body; a health care body, or a local government body. Under the act, a "local government body" means: the City of Corner Brook, the City of Mount Pearl, the City of St. John’s; as well as a municipality as defined in the Municipalities Act, 1999, and a body designated as a local government body in the regulations made under section 116.
Fees: There is no application fee in the province. Legislation in Newfoundland and Labrador does allow institutions to charge for processing time, but it has among the most generous in the country. Public bodies can charge applicants $25 per hour spent locating records after 10 hours of searching for local government bodies and 15 hours searching for other public bodies.
Time frame: In Newfoundland and Labrador, a public body must provide an “advisory response” to a request within 10 business days of receiving it. This notice could include information such as whether the analyst believes the request may be granted, refused or if an applicant may be charged a fee for processing. A final response is due within 20 business days of receipt. A government institution can apply to the Information Commissioner for a time extension, which may be granted if the commissioner believes it is “necessary and reasonable.”
Exemptions and a public interest override: As a general principle, Canada’s access to information laws are supposed to ensure that publicly-held information is open by default. However, the laws in each jurisdiction outline specific instances in which information can be withheld. These exemptions vary slightly across the country, but in general there are statutes that protect things such as: personal information, business trade secrets, solicitor-client privilege, advice to cabinet and national security. But in many jurisdictions, the act also sets out a “public interest override” – meaning that even if the information is covered by an exemption, it is so important that the public deserves to know.
There is a public interest override in Newfoundland and Labrador under section 9 of the act.
What is the appeals process in this jurisdiction? If an applicant is unhappy with the response of a public body, they may file a complaint with the province’s Office of the Information and Privacy Commissioner (OIPC). It must be done in writing within 15 business days of the person receiving a decision.
Does the appeals body have order making power? Sort of. This province has a unique hybrid model. Unlike most other jurisdictions, the OIPC does not have order making powers (meaning they can’t compel a public body to produce records), they have recommendation-making power. However, with some recommendations, if a public body does not want to follow them, they must seek a declaration from the court.
Additional resources
Yukon
The legislation: Yukon first passed its Access to Information and Protection of Privacy Act in 1995.
Who can file a request: Anyone can file a request in the Yukon. There are no restrictions.
What entities are subject to the legislation: The territory’s act states that the legislation applies to records held by “public bodies.” In the act, it defines a “public body” as a ministerial body; a statutory body prescribed as a public body; and an entity prescribed as a public body. Schedule 1 of the act lists public bodies. The act further explains that the term “public body” should — unless indicated otherwise — be read as including: the head of the public body; each program or activity of the public body to which the provision applies; and each employee who has the authority under the provision to act for or on behalf of the public body. Some examples of public bodies in Yukon include Yukon Energy Corp., Yukon Hospital Corp., Yukon Housing Corp., Yukon Liquor Corp., Yukon Lottery Commission and Yukon University.
The legislation states that the following are not public bodies that are subject to the act: a court; a judge; the office of a member of the Legislative Assembly; the office of an officer of the Legislative Assembly. It also states: “For the purposes of this act, the commissioner in Executive Council may prescribe a program or activity of a public body that is not to be considered as a program or activity of the public body.”
Fees: There is no application fee in Yukon. The fee structure is outlined in detail in sections 13 and 14 of the regulations. However, the government may charge fees for processing time at a rate of $30 per hour. Each applicant is given a certain amount of free time for processing. This ranges between three and 10 hours, depending on the type of public body and whether the request is a general records request or a request for personal information.
Time frame: In Yukon, a public body must respond to a request within 30 business days. However, the government institution can apply for a time extension.
Exemptions and a public interest override: As a general principle, Canada’s access to information laws are supposed to ensure that publicly-held information is open by default. However, the laws in each jurisdiction outline specific instances in which information can be withheld. These exemptions vary slightly across the country, but in general there are statutes that protect things such as: personal information, business trade secrets, solicitor-client privilege, advice to cabinet and national security. But in many jurisdictions, the act also sets out a “public interest override” – meaning that even if the information is covered by an exemption, it is so important that the public deserves to know.
This territory does provide a public interest override in sections 82 and 83 of the act.
Unique aspects of the law in this jurisdiction: Yukon is one jurisdiction that posts its completed requests. Requests can also be filed online.
What is the appeals process in this jurisdiction? An applicant who is dissatisfied with the response of a public body to an access request can ask for a review by Yukon’s Office of the Information and Privacy Commissioner. Requests must be filed within 30 business days of the public body’s response.
Does the appeals body have order making power? No, the commissioner does not have the authority to order a public body to release a record. They can only make recommendations.
Additional resources
Northwest Territories
The legislation: The Northwest Territories’ Access to Information and Protection of Privacy Act came into force on Dec. 31, 1996.
Who can file a request: Anyone can file a request in N.W.T. There are no restrictions.
What entities are subject to the legislation: The territory’s act applies to records in the custody or under the control of a “public body,” including court administration records. However, right away, the legislation notes the types of entities and records that are not covered, including: a record made from information in a court file, a record of a judge of the Court of Appeal, the Supreme Court or the Territorial Court or a record of a justice of the peace; a personal or constituency record of a member of the Legislative Assembly, that is in the custody or control of the member, the Legislative Assembly or a public body; a question that is to be used on an examination or test – among several others.
N.W.T.’s act defines a “public body” as a department, branch or office of the Government of the Northwest Territories; an agency, board, commission, corporation, office or other body designated in the regulations; any municipality under the Cities, Towns and Villages Act, the Charter Communities Act or the Hamlets Act, that is designated as a public body in the regulations. It notes that the Office of the Legislative Assembly or the office of a member of the Legislative Assembly or a member of the Executive Council are not covered.
The government provides a list of access and privacy coordinators’ contact information online. This list is a good resource to look up what entities are subject to the legislation.
Fees: The territory removed the application fee for general requests in 2021. However, there can be costs for processing and other services, such as photocopying. Preparation work is generally billed at $6.25 per 15 minutes. The full criteria for fees can be found in sections 9 through 14 and Schedule B of the ATIPP Regulations. Notably, fees are generally not charged as long as the total bill is not above $250.00.
Time frame: In Northwest Territories, a public body must respond to a request within 20 business days. If access is being granted, the public body must explain where, when and how access will be given. If the record is being refused, requesters must be given an explanation. The government institution may extend the time limit for up to 20 business days – or longer with the commissioner’s permission – for a variety of reasons, including if a large number of records is being requested.
Exemptions and a public interest override: As a general principle, Canada’s access to information laws are supposed to ensure that publicly-held information is open by default. However, the laws in each jurisdiction outline specific instances in which information can be withheld. These exemptions vary slightly across the country, but in general there are statutes that protect things such as: personal information, business trade secrets, solicitor-client privilege, advice to cabinet and national security. But in many jurisdictions, the act also sets out a “public interest override” – meaning that even if the information is covered by an exemption, it is so important that the public deserves to know.
The Northwest Territories is a jurisdiction that has a public interest override. It can be found in section 5.1 of the act.
What is the appeals process in this jurisdiction? Applicants who are unhappy with the outcome of a request can ask for a review by the territory’s Office of the Information and Privacy Commissioner. This request must be received within 30 days of an applicant receiving a decision from a public body.
Does the appeals body have order making power? Yes, a commissioner has the authority to order a public body to release a record.
Additional resources
Nunavut
The legislation: When Nunavut became a territory, it incorporated access laws from the Northwest Territories’ statutes. Nunavut’s Access to Information and Protection of Privacy came into force on Apr. 1, 1999, when the territory was officially created.
Who can file a request: Anyone can file a request in Nunavut. There are no restrictions.
What entities are subject to the legislation: The territory’s act applies to records in the custody or under the control of a “public body” – including court administration records. However, right away, the legislation notes the types of entities and records that are not covered, including: a record in a court file, a record of a judge of the Nunavut Court of Justice or of the Court of Appeal, or a record of a justice of the peace; material placed in Nunavut Archives by or for a person other than a public body – among others. The legislation defines a “public body” as a department, branch or office of the Government of Nunavut; an agency, board, commission, corporation, office, municipality or other body designated in the regulations. It notes that the Office of the Legislative Assembly or the office of a member of the Legislative Assembly or a member of the Executive Council is not considered a public body for the purposes of access.
Full details of public bodies are included in Schedule A of the regulations and include entities such as Nunavut Arctic College, Nunavut Power Corporation and the Workers' Safety and Compensation Commission.
Fees: There is a $25 fee application fee for general information requests in Nunavut. The government can charge additional fee for processing time and things like photocopying. Preparation work is generally billed at $6.75 per 15 minutes. Full details about fees in the territory can be found in Schedule B of the regulations. Notably, fees are generally not charged as long as the total bill is not above $150.
Time frame: In Nunavut, a public body must respond to a request within 25 business days. If access is being granted, the public body must explain where, when and how access will be given. If the record is being refused, requesters must be given an explanation. The government institution may extend the time limit for “a reasonable period” for a variety of reasons, including if a large number of records is being requested.
Exemptions and a public-interest override: As a general principle, Canada’s access to information laws are supposed to ensure that publicly-held information is open by default. However, the laws in each jurisdiction outline specific instances in which information can be withheld. These exemptions vary slightly across the country, but in general there are statutes that protect things such as: personal information, business trade secrets, solicitor-client privilege, advice to cabinet and national security. But in many jurisdictions, the act also sets out a “public interest override” – meaning that even if the information is covered by an exemption, it is so important that the public deserves to know.
What is the appeals process in this jurisdiction? Applicants who are unhappy with the outcome of a request can ask for a review by the territory’s Office of the Information and Privacy Commissioner. This request must be received within 30 days of an applicant receiving a decision from a public body.
Does the appeals body have order making power? No, a commissioner does not have the authority to order a public body to release a record. They can only make recommendations.
Additional resources
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