Published
Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.
Updated November 9, 2026: the Access to Information Act and Privacy Act time limits checked on Justice Laws, and the CBSA, IRCC and IRB request pages checked that day.
The rule: Each federal agency answers only for its own records. IRCC holds your applications and officer notes; CBSA holds border, examination and enforcement records; the Immigration and Refugee Board holds your hearing file. You ask each one separately.
The wait: The law gives each agency 30 days to answer, plus extensions. Under the Privacy Act the extension is up to 30 more days; under the Access to Information Act it is a “reasonable period”.
The cost: Privacy Act requests are free. Access to Information Act requests cost $5.
The lawyers who handle these files
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
If you need to know what CBSA wrote about you at the border, in an interview or in a removal file, GCMS notes from IRCC may not be enough. CBSA and the Immigration and Refugee Board keep their own records, and each answers requests only for records it controls. You can ask CBSA for your own information under the Privacy Act at no cost, or under the Access to Information Act for $5. The law sets a 30-day response limit with extensions. This guide shows which agency holds what, how to ask each one, and when the file matters most: before a CBSA interview, an admissibility hearing, a PRRA or a Federal Court filing.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, requests and reviews IRCC, CBSA and IRB records for clients facing refusals, inadmissibility reports, refugee hearings and removal.
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How do I make a CBSA ATIP request?
Use the Government of Canada ATIP Online Request service and choose CBSA, or send a signed written request to CBSA’s Access to Information and Privacy Coordinator. For your own records, ask under the Privacy Act: there is no fee. Give your full name, mailing address, date of birth and enough detail (dates, file numbers, client ID, locations) for CBSA to find the records.
CBSA’s Privacy Act request page (modified June 28, 2022) says to “Use the ATIP Online Request service for a faster, easier and more convenient way to submit privacy requests.” On paper you can use form TBS/SCT 350-58 or a signed letter saying the request is made under the Privacy Act, mailed to the Access to Information and Privacy Coordinator, Canada Border Services Agency, 333 North River Road, 14th Floor, Tower A, Vanier, Ontario K1A 0L8. Your date of birth is required for travel history and immigration files. Requests for someone else’s information go under the Access to Information Act, with their consent.
Be specific. A request for “all records” about you from CBSA is slower to search than a request naming the port of entry, the date of the examination, and the type of record: examination notes, an inadmissibility report, detention review records or a removal file.
IRCC, CBSA or IRB: which agency holds your file?
Ask the agency that made the record. IRCC holds applications and the officer notes in its Global Case Management System (GCMS). CBSA holds border crossing history and its own examination and enforcement records. The IRB holds what was filed and recorded at your hearing. An agency that gets a request for another agency’s record can transfer it within 15 days.
| Agency | What it typically holds | How to ask | Who can ask | Fee |
|---|---|---|---|---|
| IRCC | Your applications, the documents you sent, officer notes in GCMS, refusal letters and decision notes | ATIP Online Request service; or form IMM 5563, TBS/SCT 350-57 or a letter, by mail | Canadian citizens, permanent residents, and individuals or corporations in Canada. Others use a representative in Canada with consent (form IMM 5744 for each person 18 or older on the file) | $5 (Access to Information Act) |
| CBSA | Travel history reports (entries and exits, kept 15 years); highway passage reports; port-of-entry examination notes, section 44 reports, and detention and removal records | ATIP Online Request service; or form TBS/SCT 350-58 or a signed letter | Privacy Act: CBSA says “All individuals living in and outside of Canada”. Access to Information Act: anyone present in Canada; citizens and permanent residents from abroad; others through a representative | Free (Privacy Act); $5 (Access to Information Act) |
| Immigration and Refugee Board | Your Refugee Protection Division, Refugee Appeal Division, Immigration Division or Immigration Appeal Division file, and hearing audio recordings | ATIP Online Request service; email irb.atip-aiprp.cisr@irb-cisr.gc.ca; or by mail to 344 Slater Street, 14th floor, Ottawa. Counsel can request MP3 hearing audio through IRB My Case | Privacy Act rules apply | No fee for a Privacy Act request; $5 under the Access to Information Act |
Sources: CBSA’s Access to Information and Privacy page (modified July 10, 2023), IRCC’s Access to Information Act request page (modified May 19, 2023) and the IRB’s Access to Information and Privacy Requests page (modified June 11, 2025). The 15-day transfer rule is in section 8 of the Access to Information Act: an institution has the “greater interest” if the record “was originally produced in or for the institution”.
For IRCC’s officer notes, see our guide to GCMS notes (coming soon). Since July 29, 2025, IRCC also sends officer decision notes with refusal letters for visitor visas, study permits and work permits, and since May 26, 2026 for most permanent residence applications, though not humanitarian and compassionate applications (IRCC, modified August 27, 2026). IRCC says it “may remove portions of the note”. These notes are not your full file.
Privacy Act or Access to Information Act: which should I use?
Use the Privacy Act for your own personal information if you are a citizen, a permanent resident or in Canada: it is free. Use the Access to Information Act when someone else asks for your records with your consent, such as a family member or representative, or when you are outside Canada and not a citizen or permanent resident. That route costs $5.
Under section 12(1) of the Privacy Act, citizens and permanent residents have the right to their personal information, and the Privacy Act Extension Order No. 2 extends it to “all individuals present in Canada”. IRCC’s page says Access to Information Act requesters must be citizens, permanent residents, or individuals or corporations in Canada. CBSA’s page goes further for the Privacy Act and says all individuals inside and outside Canada can ask.
How long does an ATIP request take?
The law gives the agency 30 days from receipt to answer. It can extend the deadline: under the Privacy Act by up to 30 more days for a large search or consultations, and under the Access to Information Act for a “reasonable period”. It has to tell you about the extension within the first 30 days and tell you that you can complain.
| Step | Privacy Act | Access to Information Act |
|---|---|---|
| Response due | Within 30 days after the request is received (s. 14) | Within 30 days after the request is received (s. 7) |
| Extension | Up to 30 more days where meeting the limit would “unreasonably interfere” with operations, or for consultations; a reasonable period for translation or format conversion (s. 15) | A “reasonable period of time” for a large volume of records, consultations or third-party notice (s. 9(1)); the Information Commissioner is notified if over 30 days (s. 9(2)) |
| Notice of extension | Within 30 days, stating the length | Within 30 days, stating the length |
| If you disagree | Complaint to the Privacy Commissioner | Complaint to the Information Commissioner |
| Transfer to another agency | Within 15 days (Privacy Act, s. 8) | Within 15 days; the deadline runs from the first agency’s receipt date (s. 8) |
These are legal limits, not promises of when you will get your file. Agencies can and do take extensions. Plan around the longest realistic wait and ask early.
When does the CBSA or IRB file matter most?
The file matters most when you have a deadline and the decision depends on what an officer wrote: before a CBSA interview or an admissibility hearing on a section 44 report, before a Pre-Removal Risk Assessment, before an appeal to the Refugee Appeal Division, and in Federal Court. A 15-day court deadline will not wait for a 30-day ATIP answer.
In Federal Court, you don’t have to wait for ATIP. IRCC’s decision notes page says that if you apply for leave and judicial review, you should state that you have not received the reasons, even if you got a decision note. That lets the Court ask for the complete reasons under Rule 9 of the Federal Courts Citizenship, Immigration and Refugee Protection Rules. The leave application must be filed within 15 days for a decision made in Canada and 60 days outside Canada (IRPA s. 72(2)(b)).
For refugee hearings, counsel can request MP3 audio recordings through IRB My Case, and the IRB says it “will process requests within 4 business days” (IRB, modified June 11, 2024). For a section 44 report, see our guide on CBSA section 44 reports for permanent residents; for removal, see Pre-Removal Risk Assessments.
Mistakes I have seen
- I have seen people order GCMS notes from IRCC to understand a border refusal, when the examination notes sat with CBSA.
- I have seen requests that said only “my whole file”, with no dates, ports or file numbers, come back incomplete.
- I have seen people miss a 15-day Federal Court deadline while waiting for ATIP records they did not need to file.
- I have seen a family member file for someone else’s records without a signed consent form, which sends the request back to the start.
Frequently asked questions
Is a CBSA ATIP request free?
A Privacy Act request for your own information is free. An Access to Information Act request costs $5, and is the route a representative or family member uses with your consent.
Can I get my CBSA travel history?
Yes. CBSA keeps travel history reports of entries and exits for 15 years and says your date of birth is required for the request. Highway passage reports show a licence plate, not the people in the vehicle.
Are GCMS notes and CBSA notes the same thing?
No. GCMS notes come from IRCC’s case system. CBSA keeps its own records of border examinations and enforcement, and you request them from CBSA.
Can I get a copy of my refugee hearing recording?
Counsel can request MP3 recordings through IRB My Case, which the IRB says it processes within 4 business days. Otherwise, ask the IRB’s Access to Information and Privacy office.
What if the agency misses the 30-day limit?
You can complain to the Privacy Commissioner (Privacy Act) or the Information Commissioner (Access to Information Act). Check first whether you received an extension notice within the first 30 days.
Will the records be complete?
Not always. Both Acts allow exemptions, and agencies remove some information. IRCC says it may remove portions of decision notes to protect secure, private or sensitive information.
What should I do right now?
Write down every agency you dealt with and when: the port of entry and date, any CBSA interview, any IRB hearing, and your IRCC application numbers. Send one request to each agency the same day, and note the 30-day date. If you face a deadline such as a CBSA interview, an admissibility hearing or a 15-day Federal Court limit, get advice now rather than waiting for the records.
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Sources (official)
- Access to Information Act, s. 7, s. 8 and s. 9 (current to October 19, 2026; last amended June 14, 2026)
- Privacy Act, s. 12, s. 14 and s. 15 (current to September 30 / October 19, 2026; last amended June 2, 2025)
- Privacy Act Extension Order No. 2 (current to July 21, 2026)
- Immigration and Refugee Protection Act, s. 72 (current to October 19, 2026)
- CBSA, Access to Information and Privacy (modified July 10, 2023) and How to make a Privacy Act request (modified June 28, 2022)
- IRCC, Requests under the Access to Information Act (modified May 19, 2023)
- IRCC, Explaining application refusals: officer decision notes (modified August 27, 2026)
- IRB, Access to Information and Privacy Requests (modified June 11, 2025) and Audio files now available through My Case (modified June 11, 2024)
This article is general information, not legal advice. Every case depends on its own facts.