Introduced by the Governor General on the recommendation of the President of the Treasury Board, amendments to the Access to Information Regulations intend on improving access to government information while better protecting personal data. The regulations specify that requests for information must be directed to the appropriate government officer and include a $5 application fee, clarifying the initial steps for individuals seeking access.

A key new provision requires government institutions to seek additional details from requesters if their initial submission lacks sufficient information to establish their right to access. This ensures that only eligible individuals can obtain the requested information. Additionally, when individuals seek access to their personal information, they must provide adequate identification unless their identity has already been verified. This change aligns the ATIA with existing privacy regulations, thereby strengthening protections for personal data.

The amendments also simplify the fee structure by eliminating various fees previously associated with processing requests or reproducing documents, affirming that only the application fee is necessary. This reflects a broader initiative that began in 2019 to reduce financial barriers to accessing information. Furthermore, adjustments were made to ensure that records containing personal information are handled with care, requiring identification verification before release.

Minor language refinements have also been made to enhance clarity, ensuring that references to “the Act” specifically denote the relevant parts of the ATIA. These amendments stem from a pivotal 2016 Federal Court ruling that prohibited federal institutions from charging fees for searching and preparing electronic records, setting the groundwork for subsequent policy changes, including the 2019 amendments limiting fees to the application charge.

The overall goal of these regulations is to make government information more accessible while upholding robust privacy safeguards. By clarifying access request requirements, the amendments promote transparency in how individuals can obtain government records. They also enhance privacy protection through stringent identification checks for personal information requests. 

The amendments to the Access to Information Regulations intend to improve public access to government information in Canada. By simplifying the fee structure, clarifying identification requirements, and ensuring that only eligible individuals can access personal records, these changes foster a more accessible and transparent government while protecting citizens’ privacy. 

Canada (SOR/2023-156) July 5, 2023