If you are looking to obtain records from the Canadian government, filing an ATIP request may allow you to access documents, correspondence, reports, emails, and other government-held information.
ATIP stands for Access to Information and Privacy. Through Canada’s federal access to information regime, individuals and businesses may request records from federal government institutions under the Access to Information Act and the Privacy Act.
This guide explains how ATIP requests work, what records may be available, and how to file a request with the Canadian government.
What Is an ATIP Request?
An ATIP request is a formal request submitted to a Canadian federal government institution seeking access to records.
Requests may seek:
- emails and internal communications
- reports and briefing notes
- contracts and procurement records
- policy documents
- regulatory correspondence
- immigration or government file records
- records involving a business or individual
ATIP requests are commonly used by:
- businesses
- journalists
- lawyers
- researchers
- regulated companies
- individuals seeking government records
Access to Information Act vs Privacy Act
There are two primary federal regimes for obtaining records.
Access to Information Act
The Access to Information Act allows individuals and organizations to request general government records from federal institutions.
This process is often used to obtain:
- government decision-making records
- regulatory communications
- contracts
- policy documents
- investigation materials
A small application fee typically applies.
Privacy Act Requests
The Privacy Act allows Canadian citizens and permanent residents to access personal information held about themselves by federal government institutions.
This may include:
- immigration files
- tax records
- regulatory investigation records
- law enforcement records
- employment information
Privacy Act requests generally do not require an application fee.
What Government Institutions Can You File ATIP Requests Against?
Many federal government institutions are subject to ATIP laws.
Examples include:
- Health Canada
- Canada Revenue Agency
- Immigration, Refugees and Citizenship Canada
- Royal Canadian Mounted Police
- Canadian Food Inspection Agency
Not all institutions are fully subject to disclosure obligations, and certain exemptions may apply.
How to File an ATIP Request
Step 1: Identify the Correct Government Institution
The first step is determining which federal institution is most likely to hold the records you are seeking.
This is important because requests sent to the wrong institution may be delayed or rejected.
Step 2: Clearly Describe the Records Requested
A request should be specific enough for the institution to identify the records.
Helpful details may include:
- names of individuals or companies
- date ranges
- subject matter
- file numbers
- keywords
- departments involved
Overly broad requests can lead to delays and large processing times.
Step 3: Submit the Request
Most federal ATIP requests can be submitted online through the Government of Canada ATIP portal.
Requests may also be submitted by mail in some cases.
The request typically includes:
- your contact information
- the institution name
- description of records requested
- applicable fee payment
Step 4: Wait for the Government Response
Federal institutions generally have 30 days to respond, although extensions are common.
Responses may include:
- full disclosure
- partial disclosure with redactions
- refusal based on exemptions
- notice that no records were found
Complex requests may take several months or longer.
Common Reasons Records Are Redacted or Withheld
Government institutions may refuse disclosure of certain records or redact portions of documents.
Common exemptions include:
- national security
- law enforcement investigations
- solicitor-client privilege
- confidential commercial information
- cabinet confidences
- personal privacy protections
Access rights are not absolute under Canadian law.
Can Businesses File ATIP Requests?
Yes. Businesses frequently use ATIP requests to obtain:
- regulatory records
- government communications
- procurement materials
- investigation information
- policy documents affecting operations
ATIP requests are often used in regulated industries such as cannabis, food, fintech, payments, and healthcare.
What If Your ATIP Request Is Denied?
If records are withheld or a request is denied, applicants may file a complaint with the Office of the Information Commissioner of Canada.
Applicants may also pursue further legal remedies in some cases.
Provincial Freedom of Information Requests
In addition to federal ATIP laws, each province has its own access to information legislation.
For example, Ontario uses the Freedom of Information and Protection of Privacy Act.
Provincial and municipal institutions are generally governed by separate legislation and procedures.
Why Businesses Use Lawyers for ATIP Requests
Lawyers may assist with:
- drafting targeted requests
- identifying the appropriate institution
- narrowing broad requests
- protecting confidential information
- responding to third-party disclosure notices
- appeals and complaints
Strategic drafting can improve the likelihood of obtaining meaningful records.
Conclusion
ATIP requests can be a valuable tool for obtaining government records and understanding regulatory or governmental decision-making processes.
Whether you are an individual seeking personal records or a business seeking regulatory information, properly preparing and managing an ATIP request can help improve results and reduce delays.
Substance Law assists clients with federal and provincial access to information matters across Canada.
Frequently Asked Questions
What is an ATIP request in Canada?
An ATIP request is a formal request for records made under Canada’s Access to Information Act or Privacy Act.
How much does an ATIP request cost?
Access to Information Act requests typically require a small application fee, while Privacy Act requests are generally free.
How long does an ATIP request take?
Federal institutions generally have 30 days to respond, although extensions are common for complex requests.
Can businesses file ATIP requests?
Yes. Businesses frequently use ATIP requests to obtain regulatory, procurement, or government records.
What happens if records are withheld?
Applicants may file complaints with the Office of the Information Commissioner or pursue additional legal remedies in some cases.
