ATIA

On June 11, 2025, the Protection of Privacy Act (POPA) and Access to Information Act (ATIA) came into force. Together, the Acts assume the personal information management functions previously governed by the Freedom of Information and Protection of Privacy Act (FOIP).

Individuals have the right to request access to any record held by public bodies.

The Access to Information Act (ATIA) is the public sector’s access legislation that allows individuals the right to access any record held by public bodies, including their own personal information.

This includes information held by government departments, agencies, municipalities, and other public bodies. The information can include records related to programs, services, policies, and personal information, subject to limited and specific exceptions and/or exemptions.

There are certain exceptions under ATIA that provide public bodies with the authority to refuse access to specific types of information.

These exceptions are in place to balance the public’s right of access with the need to protect personal privacy, security, and confidential matters. Public bodies are responsible for determining whether an exception applies to the information being requested. 

Some of the key exceptions include: 

• Disclosure harmful to personal privacy
• Disclosure harmful to business interests of a third party
• Disclosure harmful to individual or public safety
• Confidential evaluations
• Disclosure harmful to law enforcement
• Workplace investigations, etc.

This list highlights some of the exceptions to disclosure; there are others set out in the legislation that may also apply depending on the context of the request.  

Whether you're looking for details about government programs, municipal planning, or personal information, it is important to understand the process for submitting an Access To Information (ATI) request. This will help you submit your request accurately and efficiently, ensuring you obtain the information you need.

In each public body, there is an office or a key contact responsible for the management of access to information matters. This function is generally referred to as an ATI Coordinator. 

Before submitting an ATI request, you are encouraged to check with the County’s ATI Coordinator if the information is already publicly available.

Many types of public body information can be accessed without an ATI request.

Examples include: 

• Publications, brochures, forms, and reports 
• Information about programs and services offered by the public body
• Council Agendas and Minutes
• County Bylaws
• County Policies

Many of these records are available on the County website.

There are two types of information requests that can be made to the County under the Access to Information Act.

1. General information: is information other than your own personal information. For example, it would include information about a third party. There is an initial fee of $25.00 to make a General Information request
2. Personal information: is information about an identifiable individual. A request for personal information can only be made for your own personal information or for personal information of an individual you are entitled to represent. There is no initial fee for making a Personal Information request.

Access to Information must be made in writing using the County’s Access to Information Request Form. Detailed instructions and submission options are included with the Access to Information Request Form.

• The request form should clearly identify the record(s) you wish to access. 
• Provide as much detail as possible, enabling the County to identify and locate the record(s) in a reasonable time frame.
• Include start and end calendar dates.
• Indicate how you wish to receive the record(s):
  • Receive information digitally by email
  • Receive a print copy by mail
  • Receive information by examining the record on-site at the County Office
• A request for General Information MUST be accompanied by a $25 fee.
• Fee payment options (do not include your credit card information in the mail or email)
  • Mail cheque with your completed request form
  • Call into the County office with your credit card information
  • Cash, cheque, debit, credit card in person at the County office
• Records are provided when the fee is paid in full

The County will review the information request and determine if it meets all the criteria set out in the Act. An acknowledgement letter shall be sent to the applicant. 

Access to Information Request Form

Section 9 of the Act sets out the circumstances under which the County has authority to disregard an ATIA Request:

• Responding to the request would unreasonably interfere with the operations of the public body or amount to an abuse of the right to make a request because the request has been made repeatedly or in a systematic nature,
• The request is abusive, threatening, frivolous or vexatious or is made in an abusive or threatening manner,
• The information the request relates to has already been provided to the applicant or has been made available to the public under Section 90 or 91,
• Despite receiving further information from an applicant under Section 7(3), the request does not meet the requirements of Section 7(2)(c) because the public body does not have information that is sufficiently clear to enable the public body to locate and identify the record within a reasonable time with reasonable effort, or
• The request is otherwise overly broad or incomprehensible.

A public body’s duty to assist applicants applies throughout the process.  The ATI Coordinator will:

• provide the applicant with opportunities to provide clarity, 
• provide applicant with plain language responses,
• provide information and offer suggestions on how the applicant may adjust a request to enable it to be processed.