Two laws, two kinds of request
Applicants often call the copy of their file “GCMS notes”. You ask for it through IRCC’s Access to Information and Privacy (ATIP) Division. The Privacy Act gives Canadian citizens, permanent residents and foreign nationals, wherever they are, the right to request their own personal information. The Access to Information Act gives that right to Canadian citizens, permanent residents and individuals or corporations present in Canada. For your own file, the Privacy Act is usually the relevant one.
Fees
IRCC states there are no fees for a request under the Privacy Act. Each request under the Access to Information Act needs a $5.00 application fee. Online, payment is by credit card only; if you pay by cheque or money order, payable to the Receiver General for Canada, the request must go by regular mail.
How to submit
Electronic requests must go through the ATIP Online Request tool, which sends the request to IRCC’s ATIP Division. On paper, you can use IRCC’s request form (IMM 5563) or a letter, as long as it says which Act you are using and gives enough detail for staff to find the records, such as your full name, date of birth and application or client number. Mail it to the Access to Information and Privacy Division, Immigration, Refugees and Citizenship Canada, Ottawa, Ontario K1A 1L1.
Requests made for someone else
If you request another person’s records, include the consent form IMM 5744 signed by each person on the file: IRCC says this applies to each person aged 16 or older for Privacy Act requests and over 18 for Access to Information Act requests. Under the Access to Information Act, a representative may submit a request for a client who is not a citizen, a permanent resident or in Canada, with that client’s consent.
Timeline and recordkeeping
The legislated time to respond is 30 calendar days. Under the Access to Information Act, IRCC can extend it for a large number of records, external consultations or third-party notice; under the Privacy Act, by up to another 30 days. IRCC warns that high request volumes may affect these timelines. Log the request number, the submission date and the date 30 days later. When the records arrive, compare their dates with your timeline instead of reading single entries out of context. The ATIP request is separate from your immigration application.
Frequently asked questions
Can I request my file if I live outside Canada?
Yes, for your own personal information. IRCC says the Privacy Act covers foreign nationals regardless of where they are located.
How much does it cost?
A Privacy Act request has no fee. An Access to Information Act request costs $5.00.
How long does a response take?
The legislated limit is 30 calendar days, which can be extended in the situations each Act allows. IRCC notes that high volumes may affect timelines.
Official sources
- https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=463&top=1
- https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=461&top=1
- https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/access-information-privacy/request-privacy-act.html
- https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/access-information-privacy/requests-information-act.html
- https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/access-information-privacy/timeframe.html
- https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/access-information-privacy/forms/request-5744.html