After you submit a request

What to expect after you make a request and what to do if it’s refused.

Overview

After you submit a request for information the public body will review your request. They will search for records and decide what they will release in accordance with the Right to Information and Protection of Privacy Act (RTIPPA). You will receive a response within 30 business days. In some cases, the timeline for responding may be extended. If you’re not satisfied with the public body’s response, you can file a complaint with the Ombud or refer the matter to the Court of King’s Bench.

When to expect a response

The public body will provide you with a response within 30 business days of receiving your request. They may extend the timeline for an additional 30 business days if:

  • Your request does not provide enough detail to allow the public body to identify the records you are requesting. If the public body requests clarification, you have 20 business days to provide the public body with more information about your request.
  • A large number of records is requested or must be searched.
  • Responding to the request within the 30 business day timeline will unreasonably interfere with the public body’s operations.
  • The records requested relate to a court proceeding.
  • The records being considered for release include information about a third party and the public body needs additional time to contact the third party.
  • A third party files a complaint with the Ombud or refers the matter to the Court of King’s Bench.

If more time is needed, the public body may ask the Ombud to extend the timeline for a period beyond 30 business days.

What information can’t be released

Information that a public body can’t release

Sections 17 to 22 of RTIPPA outline the information a public body cannot release. These are mandatory exemptions. Some examples include:

  • Personal information of someone else
  • Certain information about a workplace or harassment investigation
  • Information provided in confidence by another government or First Nations council
  • Documents that would reveal Cabinet confidences
  • Information that would be harmful to a third party’s business or financial interests

Information that a public body may choose not to release

Sections 23 to 33 of RTIPPA outline the information a public body may choose not to release. These are discretionary exemptions. Some examples include:

  • Advice, opinions, and recommendations given to a public body
  • Legal advice and other information subject to solicitor-client privilege
  • Information that could be harmful to someone’s health or safety or to public safety
  • Information that would be harmful to law enforcement, corrections, or legal proceedings
  • Information that would be harmful to government relations

Information that is not subject to RTIPPA

Section 4 of RTIPPA outlines the records that cannot be provided to you through a right to information request because these records are not subject to RTIPPA. Some examples include:

  • Court records
  • A personal or constituency record of a Minister
  • Teaching materials and research information of an employee of an educational institution

What happens if your request is refused

The public body must tell you why they refused your request. They will explain the sections of RTIPPA on which their refusal is based. They will also inform you about your right to challenge their decision by either filing a complaint with the Ombud or referring the matter to the Court of King’s Bench.