Canada

What's New

  • 16 December 2011

    OGP Countries Begin Consultations on Action Plans

    Various Open Government Partnership countries have starting holding public consultation on their national action plans, according to reports culled from the media, tweets, and government announcements.
    News on this front includes:
    -          Latvia starting a working group,
    -          Tanzania posting…

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  • 6 October 2011

    Views on Open Data Contrast During ICIC Sessions

    The sometimes discordant relationship between traditional advocates of freedom of information and the champions of open data was on display during several sessions Oct. 5 at the 7th… International Conference of Information Commissioners in Ottawa, Canada.
    One Canadian open

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Read more news….


freedom of information

The 1982 Access to Information Act provides Canadian citizens and other permanent residents and corporations in Canada the right to apply for and obtain copies of records held by government institutions. The institution must reply in 30 days. The courts have ruled that the Act is “quasi-constitutional.”

Records can be withheld under numerous exemptions. Documents designated as Cabinet confidences are excluded from the Act and are presumed secret for 20 years.

“There is wide recognition that the Act, which is largely unchanged since its adoption, is in need of drastic updating,” wrote David Banisar, and most FOI experts agree.

Appeals of withholding are made to The Office of the Information Commissioner of Canada. The Commissioner receives complaints and can investigate and issue recommendations but does not have the power to issue binding orders. It can ask for judicial review if its recommendation is not followed.

LEARN MORE: in-depth overview | news archive | further reading | excerpt from Global Survey


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News Archive

  • 27 September 2011

    Provincial Variation Apparent in Canadian FOIA Audit

    Response time to freedom of information varies among the Canadian provinces, according to the latest version of The National Freedom of Information Audit, sponsored by Newspapers Canada.
    Nova Scotia, Prince Edward Island and Yukon were the fastest responders, while British…

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  • 18 May 2011

    Canadian Court Limits Access to Ministerial Records

    The Supreme Court of Canada has ruled that the daily agenda of the prime minister is not disclosable under the Access to Information Act.
    Information Commissioner Suzanne Legault.criticized the ruling that such documents are not subject to the act, and…

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  • 13 May 2011

    Canadian Press Group Scores Government Low on Access

    The Canadian Journalists for Fee Expression have given the government an “F-“ for access to information.
    A new report by the group rates more than half of federal agencies as below average and says five failed outright.  Further, 44 percent…

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  • 8 April 2011

    Canadian Political Parties Criticized for Silence on FOI

    Three Canadian groups have asked the political parties to say what they will do to fix an access to information system that the groups say is “in chaos.”
    “In the campaign so far, politicians have used words like open government,…

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  • 11 March 2011

    Canadian Info Commissioner Issues Report Card

    There were “limited gains” in the transparency of Canada’s federal institutions, according to a “report card” issued March 10 by the Information Commissioner of Canada, Suzanne Legault.
    The headlines about the report emphasized the poor ratings given the Canada Post…

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  • 19 March 2010

    Notable Canadian News Stories Based on ATIA requests

    By Stanley Tromp
    The value of a strong Access to Information Act is better demonstrated than just asserted. To counter negative claims made by bureaucrats and politicians about FOI law usage, here are summaries of Canadian news story on issues…

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  • 20 October 2009

    New Report on Aid Transparency: Not Available! Not Accessible!

    Madrid, Spain — Transparency NGO Access Info Europe released a report on October 20 entitled “Not Available! Not Accessible!” to coincide with the opening of the International Aid Transparency Initiative’s conference of donors and recipient governments in the Hague. The report shows…

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  • 16 October 2009

    Justice Minister Rejects Much-Needed Reforms to Canada’s 26-Year-Old Transparency Law

    Recommendations Called for Broad Expansion of Information Commissioner’s Mandate
    Ottawa, Canada — In June 2009, the House of Commons Committee on access to information, privacy, and ethics made recommendations to modernize and expand the scope of Canada’s 26-year-old Access to Information Act.…

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  • 28 September 2008

    International Right to Know Day 2008: Global Phenomenon Now Includes More Than 80 Countries

    Washington, D.C., September 28, 2008 – Today’s celebration of International Right-to-Know Day marks a new watershed in the global reach of freedom of information laws – now on the books in more than 80 countries – and features celebrations in…

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  • 16 May 2008

    Canadian Government Reports on IFI Activity Get Good Grade

    The Canadian government’s annual reporting on its activities at international financial institutions is getting better, according to the authors, and to a Canadian civil society group which recently gave the latest report its best grade ever.
    The Halifax Initiative said…

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  • 22 September 2006

    Hungarian Government Releases NATO Secrecy Policy Document

    UPDATE – 11 OCTOBER 2006
    In response to a subsequent HCLU request, the Hungarian National Security Superintendence recently released an additional, previously secret NATO document entitled “Directive on the Security of Information,” dated 2005. The directive, enacted in support of NATO…

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  • 22 March 2006

    Freedom of Information Laws Added to the Development Agenda

    By Toby McIntosh
    Riding a wave of transparency, the idea of encouraging Freedom of Information (FOI) laws as part of the development agenda is gaining currency, but slowly.
    With research and case studies increasingly identifying transparency as a key tool…

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  • 28 September 2005

    International Right to Know Day 2005

    Since 2002, freedom of information advocates around the world have been working together to promote the right of access to information for all people and recognize the benefits of transparent and accountable governments. We use this day as a way…

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  • 11 April 2003

    World Bank Plans to Expand Publicity About Competitive Bidding Opportunities

    The World Bank is moving toward a new policy that will at least double the number of contract bidding opportunities publicized internationally, according to bank officials and business sector observers.
    The change will substantially increase the visibility of bank-financed contracts…

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  • 15 July 2002

    World’s Right to Know

    By Thomas Blanton
    Published in Foreign Policy, July/August 2002
    During the last decade, 26 countries have enacted new legislation giving their citizens access to government information. Why? Because the concept of freedom of information is evolving from a moral indictment…

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navigation

in-depth overview | news archive | further reading | excerpt from Global Survey


links

LEGAL DOCUMENTS

Access to Information Act, C. A-1

C-36, Anti-Terrorism Act

Treasury Board, Policy on the Management of Government Information, May 1, 2003

Privacy Act. R.S. 1985, c. P-21

Personal Information Protection and Electronic Documents Act

Security of Information Act, c. O-5

GOVERNMENT

Information Commissioner of Canada

Access to Information Review Task Force

Privacy Commissioner

Department of Justice Canada, Access to Information and Privacy

Freedom of Information and Protection of Privacy, Government of Alberta

The Nova Scotia Freedom of Information and Protection of Privacy Review Office

Office of the Information & Privacy Commissioner for British Columbia

Ombudsman Manitoba, Access and Privacy Division

Information and Privacy Commissioner / Ontario

Saskatchewan Justice, Freedom of Information and Protection of Privacy Branch

Office of the Saskatchewan Information and Privacy Commissioner

Yukon Ombudsman and Information and Privacy Commissioner

Government of Yukon - Access to Information and Protection of Privacy

ORGANIZATIONS

Canadian Association of Journalists

Canadian Newspaper Association

Open Government Campaign, Democracy Watch

Access Reports (subscription service)

British Columbia Freedom of Information and Privacy Association (FIPA)

B.C. Journalists Committee for Freedom of Information

Canadian Association of Professional Access and Privacy Administrators (CAPAPA)

Professor Alasdair Roberts, research on freedom of information law

Canadian Access and Privacy Association

Online Rights Canada

Canadian Journalists for Free Expression

Transparency International Canada

Canada Internet Policy and Public Interest Clinic

OTHER RESOURCES

Access to Information: Making it Work for Canadians (Review of Canada's ATI Act by Federal Government Task Force, 2002)


measuring openness

Freedom House, Freedom in the World, 2009
(On scale of 1-7, with 1 representing the highest level of freedom and 7, the lowest)

Political Rights: 1
Civil Liberties: 1
Status: Free

Center for Public Integrity, Global Integrity Report, 2008
Civil Society, Public Information and Media (rating 1-100):

87 (Strong)

World Bank, Governance Matters, 2008
(Percentile rank - indicates rank of country among all countries in the world. 0 corresponds to lowest rank and 100 corresponds to highest rank.)

1) Voice and Accountability: 95.7
2) Political Instability and Violence: 83.7
3) Government Effectiveness: 97.2
4) Regulatory Quality: 95.2
5) Rule of Law: 95.7
6) Control of Corruption: 95.7

Transparency International, Corruption Perceptions Index, 2009
(Relates to perceptions of the degree of corruption as seen by business people and country analysts and ranges between 10 - highly clean and 0 - highly corrupt.)

CPI Score: 8.7


contributor

Stanley Tromp
Author of Fallen Behind and Independent FOI Researcher