Hi BMN.
The email you received shows you submitted request under the Privacy Act and not under the Access of Information Act. The difference is :
- Only person legally in Canada (either Citizen, PR or any individual currently in Canada) can request own information under the Privacy Act. No need to pay $5.00 fees. Its free of charge.
- If you are trying to gain information about someone else records, you need to submit request under the Access of Information Act. Need to pay $5.00 fees.
In your case, you may be trying to get information (notes) from your spouse's PR file, so you need to request under the Access of Information Act. Also, you need to get authorization from you spouse and you need to submit a proof showing you are Canadian Resident at this moment. (you may show your license, PR Card, Citizenship Certi., Canadian Passport or your valid visa allowing you to stay in the country at this moment)
When you submit request, it says on the very first page.
A request for personal information held by Citizenship and Immigration Canada (CIC) should be made to CIC under the Privacy Act.
There are no fees involved with the processing of a request under the Privacy Act.
To send a request you must be a Canadian citizen, a permanent resident of Canada or an individual or corporation currently in Canada.
Note: Personal information which belongs to an individual who is not a Canadian citizen, a permanent resident of Canada or currently living in Canada must be requested under the Access to Information Act.
If you are making a request on behalf of someone else, you must include the Consent for an Access to Information and Personal Information Request (IMM 5744) form. Include this form for each individual listed on your file who is over the age of 18.
BMN..please note that your request is not going to be proceeded. You may receive another email in a week or 10 days. It will say
This is to acknowledge receipt of your request submitted pursuant to the Privacy Act received by Citizenship and Immigration Canada on January XX, 2016 for the following records:
the electronic sponsorship file concerning Last name, First name. (of the primary applicant)
We regret to inform you that we are unable to process your request for the following reason:
· The consent of XYZ (primary applicant) is required to process your request and allow us to release her information to you. To be valid, a consent must be signed, recently dated, contain the printed name of the person giving consent and identifies you as the designated individual. Please ensure that the consent form is signed by all applicable parties, and has the signature date and date of birth.
· Requests made under the Privacy Act require that your spouse be a Canadian citizen, a permanent resident or an individual present in Canada. Please provide proof that your spouse is entitled to make a request under the Privacy Act (i.e.: copy of a stamped passport, a valid temporary residence status document, a permanent residence card, a citizenship card). If not, you may submit an application fee of $5.00 in order for us to process your request under the Access to Information Act.
Payment may be made by cheque or money order made payable to the Receiver General for Canada, or by credit card using the online payment service: http://www.cic.gc.ca/english/information/fees/index.asp
If paying online, you must send us a copy of the payment receipt.
You can find the new ATIP consent form at the following link:
http://www.cic.gc.ca/english/department/atip/form-imm5744.asp
Note that we will put your request on hold until we receive the requested information from you. If we have not received your reply by February XX, 2016 (it is 30days gap), we will consider the request abandoned and close our file accordingly.
Please submit the requested information to our office by either replying to this email or by mail at the following address:
Access to Information and Privacy Division
Citizenship and Immigration Canada
Ottawa, Ontario
K1A 1L1
You are entitled to submit a complaint to the Office of the Privacy Commissioner of Canada (OPC) regarding the processing of your request. For additional information on how to submit a complaint, visit the OPC website at www.priv.gc.ca.
If you show them that you submitted separate request later under the Access of Information Act and send them copy of your receipt showing $5.00 paid, signed authorization form, proof showing your current status in Canada and content of your confirmation email showing tracking number of your new request for notes, they will reply back as
Good morning,
Please be advised that your request submitted under the Access to Information Act for the same records (A-2016-*****) is now being processed. Therefore, your request P-2016-***** (under privacy act) has been closed.
Thank you,
Client Service Representative | Représentant du service à la clientèle.
Access to Information and Privacy | Accès à l’information et protection des renseignements personnels
Citizenship and Immigration Canada | Citoyenneté et Immigration Canada
Government of Canada | Gouvernement du Canada
I hope above information will help you understand the right direction to get the notes.
