Freedom of Information & ATIP Lawyer

Access to information laws allow individuals and businesses to obtain records from government institutions. At the same time, organizations that contract with or interact with public bodies may be required to respond to requests involving their records.

We advise clients on filing requests, managing responses, protecting sensitive information, and navigating exemptions under applicable legislation.

Access to Information Laws in Canada

Access to information in Canada is governed by federal and provincial legislation.

At the federal level, requests are made under the Access to Information Act, often through ATIP processes.

Provincial regimes include legislation such as:

• Ontario’s Freedom of Information and Protection of Privacy Act (FOIPPA)
• Municipal access laws
• Other provincial access to information statutes

These laws provide rights of access to records while balancing privacy, confidentiality, and national or commercial interests.

Filing ATIP and FOIA Requests

We assist individuals and organizations in preparing and submitting access to information requests.

Our services include:

• identifying the appropriate institution
• drafting clear and targeted requests
• narrowing scope to improve response timelines
• advising on applicable exemptions
• managing follow-up and clarification requests

Well-structured requests can improve response quality and reduce delays.

Responding to Access Requests (Organizations)

Organizations that work with government institutions may be affected by access to information requests.

We assist companies with:

• reviewing records subject to disclosure
• identifying confidential or proprietary information
• asserting third-party confidentiality protections
• responding to government notices
• preparing representations to limit disclosure

Organizations must respond within strict timelines and may need to justify why certain information should not be disclosed.

Third-Party Commercial Information Protection

Access to information laws often require disclosure of records unless an exemption applies.

We assist with protecting:

• trade secrets
• confidential business information
• financial and commercial data
• contractual terms
• intellectual property

Proper legal submissions can help prevent or limit the disclosure of sensitive information.

Privacy and personal information Issues

Access requests frequently involve personal information.

We advise on:

• balancing disclosure obligations with privacy rights
• compliance with privacy legislation
• redaction of personal information
• responding to privacy-related concerns

Privacy considerations are central to both making and responding to requests.

Appeals and Complaints

If a request is denied or information is withheld, applicants may have the right to challenge the decision.

We assist with:

• filing complaints with oversight bodies
• responding to investigations
• preparing legal arguments regarding exemptions
• judicial review where necessary

We also assist organizations responding to complaints or appeals related to disclosure decisions.

Timelines and Extensions

Access to information laws impose strict timelines on institutions and affected parties.

We advise on:

• statutory response deadlines
• extensions and delays
• managing complex or large-volume requests
• strategic handling of multi-stage requests

Failure to meet deadlines can affect rights and outcomes.

FOIA Matters (Cross-Border Considerations)

For clients with operations involving U.S. government entities, we assist with Freedom of Information Act (FOIA) requests.

We provide:

• guidance on U.S. FOIA processes
• drafting and submitting FOIA requests
• handling agency responses and exemptions
• coordinating with Canadian compliance considerations

Cross-border matters may require coordination across multiple legal regimes.

Why Work With Substance Law for ATIP and FOIA Matters

• experience with regulatory and administrative law
• understanding of access to information and privacy frameworks
• practical advice for both requesters and organizations
• support across federal and provincial regimes
• experience with commercial confidentiality issues

We assist clients in navigating access to information processes while protecting their legal and business interests.

Work With an ATIP and FOIA Lawyer in Canada

Whether you are seeking access to government records or responding to an access request, legal guidance can help manage risk and improve outcomes.

Substance Law provides legal services relating to ATIP, FOIA, and access to information matters across Canada.

Contact Substance Law to discuss your situation.

Frequently Asked Questions about FOI & ATIP in Canada

What is an ATIP request in Canada?
An ATIP request is a formal request made under the Access to Information Act to obtain records from federal government institutions.

What is the difference between ATIP and FOIA?
ATIP refers to Canada’s access to information system, while FOIA refers to the U.S. Freedom of Information Act, which governs access to federal records in the United States.

Can a company be affected by an access to information request?
Yes. Companies that contract with or provide information to government institutions may have their records subject to disclosure requests.

Can businesses prevent disclosure of confidential information?
In some cases, yes. Businesses can make representations to protect confidential commercial information, trade secrets, and proprietary data under applicable exemptions.

How long does an ATIP request take?
Timelines vary, but government institutions are generally required to respond within statutory timeframes, which may be extended in certain circumstances.

What happens if an access request is denied?
Applicants may file complaints or appeals with the appropriate oversight body and may pursue further legal remedies if necessary.

Do access to information laws apply at the provincial level?
Yes. Each province has its own access to information legislation that applies to provincial and municipal institutions.

Can a lawyer help with ATIP or FOIA requests?
Yes. A lawyer can assist with drafting requests, responding to disclosure notices, protecting sensitive information, and handling appeals or disputes.