Immigration, Refugees and Citizenship Canada (Re), 2021 OIC 11
The Information Commissioner initiated a systemic investigation into Immigration, Refugees and Citizenship Canada's (IRCC) processing of access requests for immigration application files due to a dramatic increase in requests and complaints. The investigation found that IRCC's practice of automatically extending response times for frequent requesters under paragraph 9(1)(a) of the Access to Information Act was improper. This practice disregarded Federal Court of Appeal guidance and the Act's requirement to not consider a requester's identity. The Commissioner issued five recommendations to IRCC, including ceasing the improper extension practice, developing a work plan to improve ATIP office performance, publishing results, improving the availability of client immigration information, and securing adequate short-term resources. IRCC agreed to all recommendations and submitted a work plan. The complaint was found to be well-founded.
- 1Whether IRCC's practice of extending time limits under paragraph 9(1)(a) for frequent requesters was compliant with the ATIA
- 2Whether IRCC's extension practice disregarded Federal Court of Appeal guidance on s.9(1)(a)
- 3Whether IRCC's extension practice violated subsection 4(2.1) by considering requester identity
- 4Whether IRCC had sufficient resources and effective processes to manage the volume of access requests
- 5Whether IRCC provided adequate alternative means for clients to obtain immigration application information
- Systemic investigation: Complaint well-founded
- Improper time extensions: Practice found improper
- Recommendation: cease extensions: IRCC agreed to cease practice
- Recommendation: work plan: IRCC agreed to develop work plan
- Recommendation: publish results: IRCC agreed to publish results
- Recommendation: improve information: IRCC agreed to improve information availability
- Recommendation: secure resources: IRCC agreed to secure resources
Complaint well founded — recommendations made and agreed to
IRCC's practice of automatically extending response times for frequent requesters under paragraph 9(1)(a) did not meet the requirements of the Access to Information Act, specifically by disregarding Federal Court of Appeal guidance and violating the principle of requester-neutrality under subsection 4(2.1). The institution's strategies to manage the high volume of requests were deemed insufficient, and a lack of alternative information access mechanisms contributed to the problem.
The Commissioner recommended that IRCC cease the practice of claiming time extensions under paragraph 9(1)(a) based on the number of requests submitted by any one requester, develop a work plan to improve ATIP office performance, publish the results of these actions, implement strategies to improve the availability of client immigration information, and secure adequate short-term human and financial resources for its ATIP processes.
- s.9(1)(a) ATIA
- s.4(2.1) ATIA
- s.39(1) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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