Right to information process

The right to information process consists of five key steps: intake, search, records review, review draft response, and respond. The process starts with intake, where requests for information are reviewed to ensure there is sufficient detail to conduct a search for records. A search is then done to locate the relevant records. Following this, the records are reviewed to determine their relevance to the request and whether any exceptions apply. A draft response is then prepared and approved and the response is sent to the requestor. The process must be completed within 30 business days unless extended.

Last updated November 2023

The information outlined on this page offers a broad overview of a suggested process for handling right to information requests. It is intended to be guidance for public bodies and is provided for general information purposes only. It may be adapted by your public body to meet your own circumstances. Given the complexity of right to information requests, it is impossible to cover every unique situation. Following this process provides public bodies with a framework for responding to requests within the 30 business day time limit.

Information provided on this page does not constitute legal advice. Public bodies should consult with their own legal counsel for legal advice related to RTIPPA.

The right to information process map provides further detail about how to handle a right to information request.

Right to information process map (PDF)

The recommended timeframe for completing the intake phase of a right to information request is two business days. The intake process starts when a request for information is received. This part of the process is typically completed by the Access to Information (ATI) Analyst. Key steps include:

• Review the request to understand its scope and consider the records that may be involved.
• Log the request in your organization’s access to information tracking system.
• Acknowledge the request and contact the applicant for clarification if the request is unclear or there is missing information.
• Determine who in your organization is responsible for the requested records and who may have them.
• Calculate the 30 business day time limit for response.

The purpose of the records search phase is to locate all records relevant to the request. The recommended timeframe for completing the records search is seven business days. It is initiated by the ATI Analyst and carried out by record holders, or employees, within the public body.

Your organization must establish a process to conduct a records search. You may use an e-discovery application to conduct a records search, but in most cases, organizations rely on individual employees to thoroughly search their records. The search for records must be thorough and reasonable. Key steps include:

• Contact employees in your organization whom you think may hold the records.
• Clearly state what records are required based on the information provided by the applicant. It is helpful to provide the wording of the request to those conducting the records search. Ensure the applicant’s identity remains anonymous.
• Employees who are identified as having records must conduct a thorough and reasonable search of electronic and physical records, as well as active and semi-active records. They should choose keywords or use filters for their search, review the records they find, and provide a copy of those records to the ATI Analyst. Ask them to document the keywords searched, the date of the search, and what systems were searched.
• Document all your search efforts.

The recommended timeframe for the records review phase of the right to information process is 14 business days. This step of the process is normally completed by the ATI Analyst, but may involve input from subject matter experts. Key steps include:

• Organize and review the records received from employees and determine whether the records are within the scope of the request. Listing the records in simple chronological order is a good practice.
• Remove any record that is completely out of scope of the request. It is not uncommon for employees to send unrelated records to the ATI Analyst.
• Contact employees if any records that should have been included are missing.
• Review each record line by line and determine if any information needs to be protected due to an RTIPPA exception.
• Consult with subject matter experts and records holders within your organization for their input on whether an exception applies.
• Mark the records with proposed redactions and note the specific section of the exception in the Right to Information and Protection of Privacy Act (RTIPPA) that applies to the protected information. Ensure the reasons for applying exemptions are documented in the file in the event a complaint is made to the Ombud or the matter is referred to the Court of King’s Bench.
• Consult with other public bodies and seek legal advice, if necessary.
• If necessary, notify third parties if records contain information that may be an unreasonable invasion of their privacy or harm their business or financial interests. Receive their representations.

If necessary, inform the applicant if the records contain third party information and the third party has been notified to obtain their representations.

• Notify the applicant of whether the time limit for responding will be extended, if necessary.
• Prepare a draft response.

The recommended timeframe for reviewing a draft response is five business days. This stage of the process involves a detailed review of the records from subject matter experts and approvers. Obtain approval from the head of your public body.

The final step of the right to information process involves sending the final response to the applicant. This is completed by the ATI Analyst. Send the final response in the format requested by the applicant through their selected communication channel (e.g. email, mail). The recommended timeframe for completing this stage of the right to information process is two business days.