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2022 National Survey for Claims Researchers on Access to Information and the Privacy Act

The purpose of this survey is to gather information about Indigenous people’s experience using Canada’s access to information (ATI) procedures to obtain records from government departments and public bodies (such as Crown corporations). This survey is specifically concerned with access to federal records for the purpose of substantiating claims against the Crown, mostly focusing on specific claims. 
 
“Access to information” describes a legal right of access to information held by government departments and other public bodies. In Canada, requests for government information (other than personal information and a suite of other exceptions) may be made under the federal Access to Information Act. Informal access to information procedures are also used by Indigenous researchers to facilitate access to government records. 

ABOUT THIS SURVEY:
 
We estimate that the survey will take about 35-45 minutes to complete. The information you provide is essential in our advocacy work to remove existing barriers to Indigenous peoples’ access to information and ensure Indigenous peoples’ information rights are upheld.
 
For fully completing the survey you will automatically be entered into a lottery to win one of three $250 gift cards! Thank you for your participation. 
 
Please answer whatever questions you can; all information you can offer is very helpful. 
  
Confidentiality: All information you provide will be kept anonymous. No individuals, Nations, or organizations will be identified by name in any materials related to this survey.
1.Name: 
2.Contact phone number or email address:
3.Nation or organization:
4.Job title or description:
5.Approximately how many times a year do you file access to information requests? Please indicate if these are formal or informal.
6.Before filing an access to information request, do you ever try to obtain records informally? If so, please explain how (select all that apply).
7.How did you learn about procedures for making access to information requests?
8.Have you ever submitted an 8(2)(k) form as part of your request for records? If so, is this a regular part of what you do when filing access to information requests?

  • Section 8(2)(k) of Canada’s Privacy Act allows public bodies to disclose personal information: “to any aboriginal government, association of aboriginal people, Indian band, government institution or part thereof, or to any person acting on behalf of such government, association, band, institution or part thereof, for the purpose of researching or validating the claims, disputes or grievances of any of the aboriginal peoples of Canada.”
9.What best describes the time-period of the records you request? Choose all that apply.
10.To which public bodies do you most frequently submit access to information requests for claims research purposes (select your top 5):
11.CIRNAC (Indigenous Affairs) does not transfer all of their older records to Library and Archives Canada (LAC). Has this practice ever affected your research?
12.Which of the following documentation have you been required to provide with your access to information request to support or authorize your request? Please select all that apply.
13.Have any of these supporting documents ever been challenged or refused?
14.There is a $5 fee required to file each access to information request. Has this fee ever prevented you from filing a request for records?
15.Are there other costs associated with preparing, filing, receiving and processing access to information requests? Please explain:
16.Does your operational budget cover the costs of preparing and filing access to information requests?
17.The Access to Information Act stipulates that the government must respond to your request for records within 30 days. Do you typically receive notice within 30 days as to whether or not requested records will be released to you?
18.On average, approximately how long does it take you to receive records from the time you file an access to information request?
19.Section 9 of the Access to Information Act allows government institutions to extend the 30-day time limit in some circumstances. Has a government institution ever notified you that it has extended the deadline to respond to your ATI request?
20.When an extension is needed to respond to your ATI request, in what format have you received notice of this extension?
21.If you received an informal notice of extension, please describe the nature, tone, and content of this communication to the best of your recollection:
22.What reasons were given for requiring the extension? Please select all that apply.
23.In your experience, is the deadline extension usually met?
24.What explanation, if any, have you received from the analyst handling your request about the reason for the delay? Please provide examples.
25.Has a government institution ever failed to respond to your request on time without claiming a formal deadline extension or failed to meet an extended timeline?
26.During the peak of COVID-19 pandemic lockdowns and restrictions, how were your requests for information affected? Select all that apply:
27.Many COVID-related restrictions have now been lifted and we are moving into a "new normal." At present, are you aware of any remaining problems being attributed to COVID-related challenges?
28.While your request is in process, do you ever communicate with the analyst handling your request?
29.Other than delays related to COVID, have analysts communicated other reasons for delays? Please explain in as much detail as possible what you have heard:
30.How would you rate your interactions with the information analyst handling your request?
31.Have you ever had an access to information request you filed yield no records?
32.In what format do you usually receive documents? Select all that apply.
33.When you file a request for information, do you receive the items in the format in which you requested? For example, if you requested to see documents in person are you offered electronic access instead?
34.If the copies are provided by the government department or public body, how would you rate your satisfaction with the legibility of the copies you receive?
35.Do you receive responses to your requests in the language of your original request (either English or French)?
36.Have you ever had records redacted (removed or altered) due to an exemption for releasing records under the Access to Information Act?
37.Please identify any exemptions that were used to withhold records (select all that apply):
38.Did you understand the meaning of the exemptions and why the records were not provided to you?
39.When the records you request have been redacted, are you given the opportunity to communicate with the analyst handling your request to provide or seek clarification on the reasons for the redactions?
40.Have you ever filed a formal complaint as outlined in section 30 of the Access to Information Act? If yes, what was the nature of your complaint?
41.How long did it take for your complaint to be assigned to an information officer?
42.How would you rate the effectiveness of the complaint process?
43.How would you describe your interactions with the investigator handling your complaint?
44.How confident are you that the government has provided to you the full extent of the document package or existing information pertaining to your request?
45.Have you ever had to reframe your request for information in an attempt to receive the files you are seeking?
46.The federal government has passed the United Nations Declaration on the Rights of Indigenous Peoples Act and has also made numerous commitments to reconciliation. Given these commitments, have you seen any change to access to information processes?
47.Have you observed any changes since June 2019 (when Bill C-58 was passed, amending the ATIA) in how your requests for information are processed?
48.Has the federal government reached out to you, your Nation, or organization for input regarding the review of Access to Information Act and/or the modernization of the Privacy Act?
49.What would you do to improve the current ATI process and system?
50.Please add anything that you feel is important or that we may have missed, including any thoughts about non-federal access to information processes.
51.Would you agree to being contacted with follow-up questions?