Chapter 9
How to Use Access to Information Requests in Canada
Overview:
Canada has strong public access laws that allow parents and community members to demand transparency from school boards, provincial ministries of education, and other publicly funded institutions. These laws—federally and provincially known as Access to Information or Freedom of Information (FOI) legislation—guarantee the right to request and obtain government records.
Public school boards, provincial ministries, and most publicly funded educational bodies fall under these laws. Private schools are generally exempt, unless they receive direct government funding. Charter schools do not exist in every province, but where they do (e.g., Alberta), they may fall under provincial access laws.
The federal Access to Information Act applies only to federal institutions (e.g., Employment and Social Development Canada, Canadian Heritage, etc.) and does not cover schools. Public schools are governed provincially, and each province/territory has its own Freedom of Information and Protection of Privacy Act (FIPPA), Access to Information and Protection of Privacy Act (ATIPPA), or equivalent. These provincial laws cover school boards as local government bodies.
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Some records may be withheld in whole or in part, but schools must cite the specific legal exemption. A blanket denial without citing the relevant section of law is not valid.
Common exemptions include:
Personal privacy: Student-identifiable information (names, grades, disciplinary records) is protected under provincial privacy laws. However, non-identifiable data must still be released.
Labour and employment: Personnel records (teacher evaluations, medical files, investigations).
Drafts and deliberations: Working notes or documents not yet finalized.
Legal privilege: Communications with school board lawyers.
Security and safety: School safety or emergency plans.
Tip: Always request that non-exempt information be released with redactions, rather than having the entire record withheld.
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Most provinces charge a small initial application fee (e.g., Ontario: $5). Additional fees may apply for photocopying, extensive searches, or preparing electronic files.
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You can request documents electronically (PDF, Word, or searchable text), which is usually cheaper and faster.
Appeals: If denied, you can appeal to the provincial Information and Privacy Commissioner (IPC or equivalent). In some cases, you may escalate further via judicial review. -
If denied, you can appeal to the provincial Information and Privacy Commissioner (IPC or equivalent). In some cases, you may escalate further via judicial review.
What to ask for:
Be specific and avoid overly broad language. Examples include:
Emails between trustees, superintendents, or staff relating to curriculum, incidents, or antisemitism policies (e.g., “all emails between trustees and the Director of Education on antisemitism training from January 1, 2024, to present”).
Contracts with vendors for educational services, consultants, or curriculum materials.
Training materials for teachers and staff on anti-discrimination, antisemitism, or equity.
Complaint data: numbers of reports, investigations, or disciplinary actions related to antisemitism (with student-identifying details redacted).
Meeting minutes, recordings, or board packages not already posted online.
Budgets, expenditures, or grant applications related to diversity, equity, or antisemitism initiatives.
Steps to file a request:
Check the school board’s website first. Many boards post policies, minutes, and reports online.
Identify the applicable law. Each province has its own access legislation (e.g., Ontario: FIPPA; British Columbia: FIPPA; Alberta: FOIP).
Find the “FOI Coordinator” or “Access to Information Officer.” This person handles requests for the school board or ministry. Their contact details are usually listed on the board’s website.
Write a clear request.Be precise about the time period. Identify individuals or offices involved. Ask for electronic format.
Pay the application fee (if required). Some provinces require this up front.
Keep records. Track your request and note the deadline (usually 30 days, though extensions are common).
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[Custodian of Records / FOI Coordinator]
[School Board Name]
[Board Office Address]
[City, Province, Postal Code]Dear [FOI Coordinator],
Pursuant to the [Provincial Freedom of Information and Protection of Privacy Act], I am requesting access to the following records:
All current and prior versions of anti-discrimination policies, including those addressing antisemitism, adopted, issued, or revised on or after January 1, 2020.
All communications, memoranda, or internal guidance interpreting or applying anti-discrimination or antisemitism-related policies since January 1, 2020.
All training materials provided to teachers and staff on antisemitism, discrimination, or human rights from January 1, 2020 to present.
I request that these records be provided in electronic format (e.g., searchable PDF). If any portion of these records is exempt, please release the remaining non-exempt portions and cite the specific statutory exemption for any redacted material.
Please advise me of any fees in advance, and let me know if clarification would assist in processing. I expect a response within 30 days, as required under the Act.
Thank you for your assistance.
Sincerely,
[Your Full Name]
[Your Contact Information]
When you receive a response:
Review carefully. Check whether the request was fully answered.
Challenge improper redactions or denials. Demand a citation to the specific legal exemption.
Appeal promptly. File a complaint with the Information and Privacy Commissioner within the prescribed time (usually 30–60 days).
Refine if needed. If your request was “too broad,” narrow it and refile.
Key Takeaway:
Parents must look up the provincial FOI coordinator for their school board or Ministry of Education. Filing a request usually involves a short form, a small fee, and patience—responses can take the full 30 days (or longer if extended). If denied, appeal to the provincial or territorial Information and Privacy Commissioner.
