Immigration, Refugees and Citizenship Canada (Re), 2021 OIC 11
This report details a systemic investigation into Immigration, Refugees and Citizenship Canada's (IRCC) handling of access to information requests, particularly for immigration application files. The investigation found that IRCC's practice of automatically extending response times for frequent requesters violated the Access to Information Act. The Information Commissioner made five recommendations to improve IRCC's processes, including ceasing this practice, developing a work plan for performance improvements, enhancing the availability of client information through other means, and securing adequate resources for the ATIP office.
- Timeliness of response to access to information requests
- Proper application of time extension provisions under the ATIA
- Systemic issues in processing high volumes of access requests
- Accessibility of immigration application information through alternative channels
Complaint well founded — IRCC's practice of automatically extending time for frequent requesters was found to be improper.
The Commissioner concluded that IRCC's practice of extending response times based solely on the number of requests submitted by a requester did not meet the requirements of paragraph 9(1)(a) of the Access to Information Act, which requires a case-by-case assessment of the request's complexity and its potential to unreasonably interfere with operations.
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The Commissioner recommended that IRCC cease its practice of claiming time extensions based on the number of requests from a single requester, develop and implement a work plan to improve ATIP office performance, enhance client information availability, and secure adequate resources.
- s.9(1)(a) ATIA
- s.4(2.1) ATIA
- s.39(1) ATIA
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