4. Further Interactions

You may be contacted by the ATI analyst assigned to your file for a number of reasons, or your request may be processed and completed without any further contact. Below is a short overview of the main types of interactions that might happen:

1. No further interactions. Your request may be processed within the 30 day time limit with no further interactions between you and the ATI analyst assigned to the file. If this is the case, you should receive a release package in the mail containing either printed records or a CD containing a PDF file, as well as a letter explaining the resolution of your request.

The letter may indicate that some information has been withheld or redacted. It will mention the section(s) of the Access to Information Act used to hold back this information. If you believe that your request was not processed properly, or that material has been unreasonably withheld, you can file a formal complaint with the Office of the Information Commissioner of Canada. The letter accompanying your release package will contain contact information for the Commissioner’s Office.

2. Request for confirmation of your identity. As you are seeking access to records containing information that may be deemed personal in nature, the ATI Unit may contact you to confirm your identity. This will involve a request to provide identifying documents. Once your identity has been confirmed, the government body will be able to release records containing your personal information.

3. Notice of extension. While the Access to Information Act states that requests must be responded to within 30 days of receipt, it also contains a number of clauses that can be used to extend the request timeline. The two most likely reasons for an extension are found in s.9(1) of the Act:

The request is for a large number of records or it necessitates a search through a large number of records, and sorting through this material would “unreasonably interfere” with the operations of the government institution; or The government institution must consult with one or more other institutions regarding the request.

In the event that the government body claims an extension, they will send you a letter indicating the reason for the extension and the length. The letter will also note that you have the right to file a complaint with the Office of the Information Commissioner of Canada regarding the extension. If you wish to do so, it is a good idea to contact the Commissioner’s office as soon as possible.

Tip: If you receive a notice of extension, contact the ATI analyst responsible for your file. An extension is not necessarily a reason for concern. It is not possible to say whether a particular extension is reasonable in the circumstances, but it may take months for the processing of a request. If you are concerned about the time it is taking for your request to be processed, speak to the ATI analyst. Ask the analyst to explain the reason for the extension. Also ask how many pages of documents responsive to your request have already been identified. If the extension relates to consultations with other parties, ask which government bodies are being consulted. Additionally, ask if all records are subject to consultation, or just some. If the latter, ask that the other records (not subject to consultation) be sent to you as soon as possible, as an interim release.

4. Request for Clarification. You may receive a letter, phone call, or email from the ATI analyst assigned to your file, seeking clarification regarding some aspect of your request. Common requests for clarification relate to:

the wording of your request

the date range for your request

the types of records you are seeking

Provide clarification to the best of your abilities. Be sure to ask questions. The ATI analyst may present the option of modifying your request wording. If you decide to do so, be sure to ask for a written confirmation of the revised request wording.

Tip: When the government body contacts you with a request for clarification, they “stop the clock” on your request, and the time that passes between when they request clarification and when the request is resolved will not count towards the request deadline. This means that it is a good idea to respond to all requests for clarification promptly. Do not feel pressured to respond right away (you can definitely take a day to think it over and/or contact an experienced user of the Act for advice), but don’t let it wait longer than is necessary.

5. Fee notification. Your initial $5 fee covers five hours of search time. A fee may be charged for additional search time. Section II of the Access to Information Act deals with fees. If the government body decides to claim a fee, they will notify you via letter. Note that this also “stops the clock” (see previous section). The letter will state the reason for the fee and the estimate, and you will be asked to provide a 50% deposit before the request proceeds. You will also be notified of your right to dispute the fee assessment by contacting the Office of the Information Commissioner of Canada.

Under the Access to Information Act, the head of a government institution has the authority to waive all or part of a fee. It is advisable to request a fee waiver at the time that you make your request, though this does not mean that one will be granted. You may wish to indicate that your request is “in the public interest”. You can use this sentence in your request to ask for a waiver: “The information being requested is directly related to a matter of public interest. I request that any fee assessed to process this request be waived.”

Tip: If you receive a fee notification, you may wish to contact the ATI analyst responsible for your request and ask about the situation. There may be a way to clarify or modify your request so as to narrow it down (thereby reducing the scope of the search), though this may not be desirable. If you decide that you do not wish to proceed with your request, be sure to indicate that you wish to receive copies of all records that have already been identified through the initial five hours of search time.

6. Suggestion to file a request under the Privacy Act. If you are using one of the templates provided by the BCCLA, then your request deals with government records that may contain personal information. In correspondence with the ATI analyst responsible for your file, you may be advised that a request under the Privacy Act – which deals specifically with personal information – would be more appropriate. In many situations, this would be true. However, if you are looking for general government records that also mention your name or organization, then the Access to Information Act is the more appropriate vehicle for such a request, especially when accompanied by your permission to release personal records as provided for in s. 19(2)(a) of the Privacy Act. Language indicating your permission to release personal records is included in the templates we have provided.