Access to administrative documents

Verified 11 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)

City planning certificate Would you like to view an administrative document, such as a We show you how to apply and how to enter the Canada: titleContent in case of refusal.

Step-by-step approach

An administrative document is produced or received by a government service, a local authority, one public establishment or a private body with a public service mission.

For example, a prefecture, a city hall, a social security fund, Pôle emploi.

These documents may include: file, report, study, report, minutes, statistics, directive, instruction, circular, ministerial note and response, opinion, source code, decision.

An administrative document can take a form written, registration audible or visual or in digital or informatics.

FYI  

A character document judicial (for example, a judgment), a document private (e.g. a notarial act), or a the National Assembly or the Senate are not administrative documents.

One online service check the communicability of an administrative document:

Verify the communicability of an administrative document

The communication of subsequent administrative documents is not possible or is conditional :

  • Document not completed
    For example, a draft.
    A document may be communicated only in its final form.
  • Preparatory document for decision
    A decision-making document shall be made available only when the decision it is preparing has been taken.
  • Document with sensitive content
    For example, the instruction document for Defender of Rights, the consultation or disclosure of which would be prejudicial to public safety.
    However, partial disclosure is possible if sensitive information can be hidden or isolated from the rest of the document.
  • Document concerning a person
    A document relating to a person may be communicated only to that person or to his or her agents having regard to the right of everyone to medical confidentiality, privacy, and business confidentiality.
    However, the document is disclosable if the administration can preserve the confidentiality of the information by hiding the personal information.
  • Public archive covered by a protected secret
    Secrecy can be protected between 25 and 100 years.
    For example, access to a birth register of civil status is possible after 75 years.

FYI  

The administration is not required to disclose documents that you can obtain on your own given their public distribution.

Who to talk to?

Please contact the administration or to the body who holds the document.

In some jurisdictions, a person is responsible for access to administrative documents (Prada):

If the desired document is placed in the public archives, you can also contact the relevant public archives department.

Consult the directory of public archives services:

Find an archives service that welcomes the public

If necessary, the archive service tells you how long it will take for the archived document to be released.

It also tells you whether you can request early access to the archived document.

How do I apply?

Your request may be oral.

However, it is recommended to send a letter or email and keep a dated copy if there is no response from the administration.

You don't have to justify (i.e. justify) your request.

Your request must be precise for the administration to identify the desired document.

Select if you want consult the document on-site or receive it by post or by mail.

FYI  

The administration is not obliged to respond to a abusive request. For example, a request to disrupt the proper functioning of the requested administration.

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General case

The administration must provide you with the document in a one-month period upon receipt of your request.

In the absence of response within 1 month depending on the receipt of your request, this means that your request is refused (tacit refusal).

The administration may also refuse your request for communication by reasoned decision.

Your request is for a medical record

The response time depends on the age of the medical record:

  • If the medical record is less than 5 years old, the administration shall answer in the 8 days upon receipt of your request.
  • Whether the medical record is 5 years old or older, the administration shall answer in the 2 months upon receipt of your request.

If you do not receive a reply within this time limit, the administration will refuse your request (tacit refusal).

The administration may also refuse your request for communication by reasoned decision.

What mode of communication?

You choose how the document is communicated within the technical possibilities of the administration.

The communication of the document must not impair its preservation and to its good preservation.

Thus, according to the document, the administration may propose:

  • On-site consultation
  • Reproduction
  • Sending by email

If you asked to numerous documents, the administration has the right to offer to consult them on the spot.

The administration may also spread out over time your access to documents.

FYI  

An administration may also communicate the document by putting it online on the internet, provided that it can be communicated to any person and that it is anonymised if necessary.

What cost?

The on-site consultation is free.

Sending by email copy of a document in digital format is free.

The reproduction is paying. Depending on the document's communication medium, the cost cannot exceed the following:

Tableau - Transmission cost

Stand

Maximum price

Paper

€0.18 per page A4 (black and white)

CD-ROM

€2.75

How soon?

Referral to the Canada: titleContent is done within 2 months following the notification the written decision or tacit refusal of the administration.

Please note

You must enter the Canada: titleContent before making a litigation. However, there are exceptions to this principle, for example in the case of referral to the judge for interim measures.

What cost?

Referral to the Canada: titleContent is free.

How?

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General case

You can enter the Canada: titleContent by online form, by letter or email.

You must specify:

  • Your identity
  • Your address
  • The subject of your request

Attach a copy of the refusal decision or your unanswered request.

Who shall I contact

Series of 5 or more requests

From 5 requests of document communications sent to different administrations, and having the same object, you must group them together to enter the Canada: titleContent.

You can enter Canada by form online, by letter or email.

You must specify:

  • Your identity
  • Your address
  • The subject of your request
  • For each administration entered, its name, its email (if no email is sent, its postal address), the date on which you entered it with a request for communication and, if necessary, the date of notification refusal of communication.

Attach documents showing that at least one refusal has been made by one of the authorities seized.

Who shall I contact

Please note

Your referral to Canada for the series of applications is worth compulsory prior administrative appeal for each of the requests making up the series.

Acknowledgement of your request

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General case

If necessary, the Canada: titleContent invites you to complete your application.

Canada record your application when complete.

She does accuse then reception without delay.

Series of 5 or more requests

If necessary, the Canada: titleContent invites you to complete your group request.

Canada record your combined application when complete.

She does accuse then reception without delay.

The acknowledgement shall indicate the list of applications in the series.

FYI  

Canada is processing the application in respect of a single jurisdiction whose refusal you have communicated to Canada.

Receipt of Canada's opinion

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General case

The Canada: titleContent you notify its opinion by letter or by email in a 1-month period from the registration of your application.

Canada shall notify its opinion within the same period to the authority which refused your request for a document.

Series of 5 or more requests

The Canada: titleContent you notify its opinion in a 1-month period from the registration of your application.

The Canada shall notify its opinion within the same period to each of the correctly identified administrations.

Other jurisdictions will inform you of their decision whether or not to comply with Canada's advice. They have a period of 1 month following notification of the notice to do so.

FYI  

Canada is processing the application in respect of a single jurisdiction whose refusal you have communicated to Canada. However, it shall notify its opinion to each of the correctly identified administrations.

Please note

Even in the event of a favorable opinion from Canada, the administration at the right to confirm refusal.

If the administration maintains its initial refusal despite the favorable opinion of the Canada, or if it confirms the unfavorable opinion of the Canada, you can make a litigation.

You can to refer the matter to the administrative judge in the 2 months following the implied decision to refuse administration.

The implicit decision to refuse shall be taken where the administration remains silent for 2 months from the registration of your application by Canada.

Example :

If Canada registers your application on 1er october 2022, the implied decision to refuse is taken on 1er December 2022 in case of no response from the administration. Then you have until 1er February 2023 to file a contentious appeal.

The court having jurisdiction shall be that in which the administration in question has its seat.

Who shall I contact

The judge may request the administration concerned to transmit to it all the documents necessary for the case, in particular the documents whose communication has been refused.

If the judge considers that the refusal of communication is unlawful, he can annul the decision of the administration to refuse.

In this case, the judge may also, at your request, require the administration to communicate the document to you, possibly under penalty payment (with penalties for delay).

If the judge's decision is unfavorable to you, you can to challenge in cassation before the Council of State.

Verify the communicability of an administrative document

Refer to the Commission for Access to Administrative Documents (Canada)

Who can help me?

Find who can answer your questions in your region