ATIA: Access to Information Act for Canadian federal departments

In brief:

• The Access to Information Act (ATIA) is a vital pillar of Canada’s open government, driving accountability for citizens and preventing government secrecy.
• Mastering the 30-day response clock and utilizing technology are essential for managing high request volumes and achieving ATIA compliance in Canada.
• Effective handling of ATIA exemptions and adopting proactive publication rules can help reduce backlogs and reduce the burden on federal government institutions.

What is the Access to Information Act, and why is it crucial for federal government institutions?

The ATIA grants Canadian citizens, permanent residents, and any person or corporation present in Canada the right to access records under the control of federal government institutions, subject to specific and limited ATIA exemptions.

The ATIA system is a key component of open government, ensuring accountability to citizens and bolstering democratic trust. With privacy concerns rising, digital ATIA requests have surged in recent years, and while the Information Commissioner (OIC) has reduced the backlog, on-time compliance rates for ATIA requests stood at 77% during 2024-25.

Federal government institutions are legally obligated to comply with the Act, and must be prepared to disclose records and documents. These institutions must maintain proper records management systems, respond to access requests within specified timelines (typically 30 days), and justify any refusals to disclose information.

Non-compliance with access to information requests in Canada can result in complaints to the OIC and potentially legal proceedings. Consequently, compliant and timely federal disclosures are critical for fostering accountability and transparency, as well as facilitating democratic participation.

How is an ATIA request processed within a federal government institution?

Mastering the ATIA request processing flow is paramount to avoiding OIC scrutiny and managing high request volumes efficiently. This process moves through several stages, each with strict timelines.

1. Request intake and response timelines

The response clock starts ticking immediately upon receiving a formal request.

• Initial response mandate: ATIA mandates responses within 30 days (not counting extensions). This is the fundamental challenge that should underpin federal government institutions’ arsenal of ATIA 30-day response tactics.
• The clock: The 30-day clock is the standard deadline for fulfilling the request.
• Fees: Federal government institutions can, and often do, grant fee waivers for requests where the public interest outweighs the need to recover costs.

• When can federal government institutions use the 45-day extension?

Institutions face substantial volume overloads and must occasionally use authorized extensions to fulfill requests properly. ATIA permits a 45 day extension in specific, justifiable circumstances.

The grounds for an extension typically include when:

• The request is for a large number of records, or the request requires searching through a large number of records, and meeting the original 30-day limit would unreasonably interfere with the operation of the institution.
• Consultations are necessary to comply with the request that cannot reasonably be completed within the original time limit.

A strong defense against appeals relies on meticulous documentation of the reasons for the extension.

What are the key ATIA exemptions and exclusions?

Understanding the exemption and exclusions to access to information requests, found under sections 13–26 of the official Act, is essential for lawful and justifiable withholding of information during federal disclosures.

These sections are designed to protect specific interests, such as national security, law enforcement, or the privacy of individuals.

Navigating ATIA exemptions

Federal government institutions should deploy robust measures to ensure proper and defensible application of ATIA exemptions. While there are many, here are a few common and significant examples of ATIA exemptions:

Exemption section	Focus	Key consideration
Section 13	International Affairs/defense	Information obtained in confidence from foreign governments or international organizations.
Section 16	Law enforcement/investigations	Protecting ongoing investigations, techniques, or sources.
Section 19	Personal information	Protection of personal privacy (must align with the Privacy Act).
Section 21	Operations of government	Advice, recommendations, and policy options developed by a government institution.

In 2025, the OIC investigated Environment and Climate Change Canada (ECCC) after it receive a complaint that it refused to disclose information following a request for information. The OIC concluded that had improperly withheld information under multiple sections of the ATIA and had not demonstrated that the requirements of the exemptions were met.

As the OIC Report on ECCC investigation states; “When an institution withholds information, including information related to third parties, the third parties and/or the institution bear the burden of showing that refusing to grant access is justified.”

In view of this example, federal government institutions should bear in mind that:

• Exemptions are not absolute
• Discretion must be applied thoughtfully
• Justification requires rigor
• Severance is mandatory (which means that agencies cannot withhold an entire document if only a portion is exempt, and must therefore deploy accurate redaction measures)
• Transparency is the guiding principle

What are the main bottlenecks in request processing and how can agencies defend appeals?

Federal government institutions continually battle several operational challenges that lead to processing backlogs and potential appeals.

Common processing bottlenecks:

• Volume overloads: The sheer number of requests, especially the surge in digital submissions, is almost impossible to manage with manual processes.
• Redaction errors: Redaction errors can compromise sensitive data or lead to non-compliance, resulting in an OIC investigation. Institutions must be meticulous in redacting only the protected information while releasing everything else.
• Inefficient search capabilities: Lack of effective e-discovery search tools means significant time is wasted locating records.
• IPC appeals: Appeals to the OIC or Federal Court often require a time-consuming and costly defense.

How to defend an IPC appeal

When a federal government institution extends the 30-day ATIA response deadline, they must provide clear, defensible reasons for doing so. If a requester is unhappy with the extension and files an appeal, the institution needs solid documentation showing why the extension was legitimate and necessary.

Poor documentation makes it difficult to defend the decision during an investigation or appeal. For this reason, it’s critical that institutions have exceptional record-keeping and archiving practices, and have audit-proof logs.

How can tech and AI improve ATIA compliance in Canada efficiently?

The answer to overcoming these bottlenecks, and improving the success rate of ATIA 30-day responses lies in the intelligent application of technology. Shifting from manual to AI-assisted workflows offers significant advantages to drive tech ATIA efficiency gains.

Key technology solutions for ATIA compliance in Canada

Technology	Benefit for ATIA processing
Automated redaction software	Reduces redaction errors and speeds up the process significantly.
Audit-proof logs	Creates a defensible and traceable record of every action taken on a file (critical for ATIA appeal preparation).
e-Discovery search	Enables rapid, accurate location of relevant documents, even across diverse data repositories.
AI/ML assisted review	Prioritizes and tags documents relevant to the request, improving manual vs AI-assisted gains.

This approach should form an integral pillar of developing an ATIA guide for departments in 2025. Leveraging technology to address key bottlenecks will streamline institutions’ AITA request process while also building robust governance measures into the infrastructure of the organization.

The mandate for proactive publication

The ATIA is not just about responding to specific requests; it also includes a growing mandate for proactive publication.

By making certain information routinely available, federal government institutions can reduce the volume of formal requests, thereby easing the burden on ATIA request processing teams.

• Reducing request volume: Proactive disclosure often satisfies common information needs before a formal request is ever submitted.
• Enhancing transparency: This directly links to the principles of open government and democratic accountability.

Final thoughts

The ATIA is a foundational covenant of democratic trust between the government and its citizens, driving transparency. The key to successfully meeting ATIA obligations lies in navigating ATIA redaction challenges, mastering request processing, and most importantly, leveraging tech ATIA efficiency tools to streamline the federal disclosures process.

Global Relay offers ATIA-compliant next gen cloud archiving and AI-enabled discovery that ensures your data is immediately searchable, auditable, and readily accessible, enabling employees to work more efficiently and minimize the risk of falling short of ATIA requirements.  

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