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2026 National Survey for Claims Researchers on Access to Information and the Privacy Act

The purpose of this survey is to gather current information about First Nations researchers' and organizations' experiences obtaining federal records for claims research, historical research, governance, consultation, litigation, and other matters affecting First Nations rights and interests. This survey focuses primarily on requests made under the Access to Information Act, requests involving the Privacy Act, and informal processes used to obtain federal records.

Since this survey was first conducted by the Union of British Columbia Indian Chiefs (UBCIC) in 2022, First Nations and their representative institutions have continued to call for improvements to Canada's access to information framework. First Nations researchers continue to play a critical role in identifying barriers to accessing federal records.

This survey is being conducted during the Government of Canada’s ongoing review and modernization of the federal access to information framework. As part of its statutory review of the Access to Information Act, the Treasury Board Secretariat has identified “Indigenous access to and protection of information” as an area of focus. The experiences and recommendations documented through this survey will help assess how to address longstanding barriers faced by First Nations in accessing federal records and identify priorities for legislative, policy, and administrative change.

Estimated Time: 35-45 minutes. Please answer based on your own experience and, where appropriate, the experience of your Nation or organization. You may skip any question that does not apply or that you do not wish to answer.

Confidentiality: Survey responses will be reported anonymously. No individual, First Nation, Claims Research Unit, or organization will be identified in public materials without express consent. Please avoid including privileged, confidential, or sensitive details that should not be shared outside your Nation or organization.

For fully completing the survey you will automatically be entered into a draw to win one of three $500 gift cards! Thank you for your participation.
Section 1 – General Information
1.Which best describes you or the organization on whose behalf you are responding? Select all that apply.
2.What is your role or title?
3.Why do you seek access to federal records? Select all that apply.
4.Approximately how many information requests do you file or pursue in a typical year?

Please indicate whether this estimate is for your own work or your Nation or organization as a whole.

Please estimate formal Access to Information Act requests, Privacy Act/8(2)(k) requests, and informal requests separately if possible.
5.Which federal institutions or public bodies do you most often seek records from? Select all that apply.
6.From the list above, which institutions or public bodies do you seek records from most frequently?
7.Is there enough publicly available guidance to help First Nations requesters identify where records are held, how to make requests, and which process to use?
Section 2 - Informal Access, Authorization, and Privacy Act Processes

2022 context: Respondents to the 2022 survey reported that informal access processes were often not an effective alternative to formal ATI requests. Researchers described lengthy delays, inconsistent practices, poor communication, and unclear requirements for informal requests. Please consider whether these issues have changed in your experience.
8.Before filing a formal Access to Information Act request, do you try to obtain records informally?
9.If you try to obtain records informally, what methods do you use? Select all that apply
10.Since 2022, has informal access to federal records improved, worsened, or stayed about the same?
11.Which documents have you been required to provide to support or authorize access to records? Select all that apply.
12.Have your supporting documents ever been challenged or refused?
Privacy Act - Section 8(2)(k)

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.”
13.Have you submitted a section 8(2)(k) form or similar Privacy Act authorization to obtain records for claims, disputes, or grievances?
14.If you have used section 8(2)(k), has it resulted in more complete or faster access to records?
Section 3 – Timeliness and Extensions, Communication, and Costs

2022 context: The 2022 survey found that delays were a central barrier to access to information. Respondents reported that the 30-day statutory timeline often functioned as an acknowledgement deadline rather than an actual deadline to release records. Additionally, respondents noted that extensions were common, extensions were often not met, and many researchers waited more than 90 days, sometimes months or years, for records.
15.When you file a formal Access to Information Act request, do you usually receive a response within 30 days?
16.On average, how long does it take to receive records after filing a formal Access to Information Act request?
17.Since 2022, have timelines for receiving records improved, worsened, or stayed about the same?
18.Section 9 permits government institutions to extend ATIA response deadlines for voluminous records or if consultations are necessary. How frequently do federal institutions claim extensions under section 9 of the Access to Information Act?
19.When extensions are claimed, are the extended deadlines usually met?
20.Have federal institutions ever failed to respond on time without claiming a formal extension, failed to meet an extended timeline, or stopped communicating unless you followed up?
21.What reasons have federal institutions most commonly given for delays? Select all that apply.
22.How would you rate communication with ATI analysts, privacy officials, archivists, or other staff handling your requests?
23.What costs are associated with preparing, pursuing, following up on, receiving, and using access to information requests? Select all that apply.
24.Have delays or communication issues affected your claims, research, governance, consultation, litigation, or funding work?
Section 4 - Release of records, Redactions, and Completeness

2022 context: The 2022 survey identified overly broad and inconsistently applied exemptions, excessive redactions, poor explanations, and lack of confidence that Canada had provided the full extent of records. These issues were linked to Canada’s conflict of interest and to the information asymmetry between Canada and First Nations requesters.
25.When records are released, are they usable for your work? Consider format, searchability, completeness, legibility, image quality, page order, metadata, and whether you received the format requested.
26.Have requested records been withheld or redacted under exemptions in the Access to Information Act or Privacy Act?
27.Which exemptions or reasons have been used to withhold or redact records? Select all that apply.
28.When information is withheld or redacted, do you receive clear explanations and a meaningful opportunity to discuss redactions, search scope, or relevance with the analyst?
29.Overall, how satisfied are you with explanations provided for redactions, exemptions, and withheld records?
30.How confident are you that federal institutions provide the full extent of records responsive to your requests?
31.Have redactions, incomplete disclosure, poor-quality copies, or records management issues affected your ability to develop, validate, negotiate, or litigate claims or engage in other rights-related work?
32.Since 2022, have redactions, completeness of disclosure, or record quality improved, worsened, or stayed about the same?
Section 5 - Complaints, Remedies, and Oversight
33.How effective are the current complaint and remedy processes when federal institutions delay, over-redact, withhold, or fail to locate records?
34.Would independent oversight or a dedicated review mechanism for First Nations access to information requests help address Canada’s conflict of interest or information asymmetry?
Section 6 - Current TBS Reform Proposals and First Nations Priorities

Current review context: The Treasury Board Secretariat (TBS) has proposed reforms related to Indigenous access to and protection of information. Policy approaches discussed by TBS include recognizing Indigenous self-determination in the Act, updating the definition of Aboriginal Government, protecting Indigenous Knowledge from disclosure, recognizing collective rights to information, creating an alternative pathway for access, and permanently waiving the $5 fee for Indigenous requesters.
35.Which, if any, of the the following reform ideas are priorities to co-develop with First Nations?
High Priority
Medium Priority
Low Priority
Not a Priority / Unlikely to Address Barriers
Recognize Indigenous self-determination and First Nations information rights in the purpose of the Act
Recognize collective rights to information for First Nations and their representative institutions
Create an alternative pathway for First Nations access to federal records
Update the definition of Aboriginal Government / Indigenous governing body
Protect Indigenous Knowledge and sensitive First Nations information from unauthorized disclosure
Permanently waive the $5 application fee for Indigenous requesters
36.Would an alternative pathway for First Nations access to federal information be helpful?
37.What features or safeguards would be essential for an alternative pathway for First Nations access to federal information? Select all that apply.
38.What protections are necessary when First Nations information or Indigenous Knowledge is held by Canada? Select all that apply.
39.Please identify your top five access to information reform priorities.
40.Is there anything else we should know about access to information, privacy, informal access, non-federal access systems, or federal reform proposals?
41.Do you agree to being contacted with follow-up questions?
42.To enter the draw to win one of three $500 gift cards, please provide an email address or telephone number where we can contact you if you are selected.

Contact information provided for the draw will be used only to administer the draw.