Practice Note – Transitional – FOIP Act to ATIA and POPA

Overview

The Freedom of Information and Protection of Privacy Act (FOIP Act) will be repealed and replaced by the Access to Information Act (ATIA) and the Protection of Privacy Act (POPA) when ATIA and POPA come into force.

ATIA contains many of the same provisions for access to information that were contained in the FOIP Act.  Similarly, POPA contains many of the same provisions for the protection of privacy that were contained in the FOIP Act.  Essentially, the FOIP Act has been split into two separate pieces of legislation: access, and privacy. However, in spite of ATIA and POPA, the FOIP Act may still apply in some circumstances.

The purpose of this Practice Note is to review the transitional provisions contained in section 101 of ATIA and in section 64 of POPA to determine in what circumstances the FOIP Act still applies.

 

Transitional provisions

The relevant transitional provisions in ATIA and POPA state that the FOIP Act still applies to:

  • a request made under section 7 of the FOIP Act to a public body for access to a record before ATIA came into force: ATIA, section 101(2)(c). If so, the public body must deal with the access request according to the FOIP Act as it read immediately before it was repealed.
  • a review, inquiry or investigation, if the matter, decision, disclosure, act or failure to act that is the subject of the review, inquiry or investigation occurred before the repeal of the FOIP Act: ATIA, section 101(2)(d)(i); POPA, section 64(2)(c)(i).
  • an offence that was committed under the FOIP Act before the FOIP Act was repealed: ATIA, section 101(2)(d)(ii); POPA, section 64(2)(c)(ii). However, a prosecution under the FOIP Act of an offence committed under the FOIP Act before it was repealed may be commenced in accordance with either section 95(3) of ATIA (ATIA, section 101(3)) or section 60(6) of POPA (POPA, section 64(3)), as applicable.

 

Frequently Asked Questions concerning the transitional provisions

What law applies to an access to information request made before the repeal of the FOIP Act?

The FOIP Act applies.

What law applies to a review, inquiry or investigation, if the matter, decision, disclosure, act or failure to act that is the subject of the review, inquiry or investigation occurred before the repeal of the FOIP Act?

The FOIP Act applies.

What law applies to an offence committed under the FOIP Act before the repeal of the FOIP Act?

The FOIP Act applies, except that the prosecution of the offence may be commenced in accordance with ATIA or POPA, as applicable.

June 4, 2025

Disclaimer

This document is not intended as, nor is it a substitute for, legal advice, and is not binding on the Information and Privacy Commissioner of Alberta. Responsibility for compliance with the law (and any applicable professional or trade standards or requirements) remains with each organization, custodian or public body. All examples used are provided as illustrations. The official versions of the laws the OIPC oversees and their associated regulations should be consulted for the exact wording and for all purposes of interpreting and applying the legislation. The Acts are available on the website of Alberta King's Printer.