Federal (Canada)Access to Information Acts.6.1 Application Granted (refusal authorized)

Decision pursuant to 6.1, 2021 OIC 20

Organization: A federal institutionComplainant: Anonymous applicant
Plain-language brief

An unnamed federal institution sought the Information Commissioner's approval to decline to act on an access request under subsection 6.1(1) of the Access to Information Act. The request was for all internal correspondence of the institution over a seven-year period, which the institution believed constituted an abuse of the right of access. The institution demonstrated that it had made reasonable efforts to assist the requester in narrowing the scope, but the requester declined to engage. The Commissioner found that the request's extraordinarily broad scope, combined with the institution's small size and limited resources, would severely impede its ability to fulfill its mandate and respond to other access requests. Based on these factors, the Commissioner concluded that the request was indeed an abuse of the right of access. The application was granted, allowing the institution to decline to act on the request.

Key issues
  1. 1Whether the institution fulfilled its duty to assist under subsection 4(2.1) ATIA
  2. 2Whether the access request constitutes an abuse of the right of access under subsection 6.1(1) ATIA
Outcome breakdownFavours: Institution
  • Abuse of right of access: Request deemed abuse of right of access
  • Decline to act: Institution permitted to decline to act
Outcome

Section 6.1 application granted

Reasoning

The Commissioner found that the institution met its burden of establishing that the access request was an abuse of the right of access. This was due to the request's overbroad scope, the institution's small size and limited resources, and the significant negative impact processing the request would have on its ability to fulfill its mandate and respond to other access requests. The institution also demonstrated it had fulfilled its duty to assist by attempting to clarify and narrow the request.

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Decision notes
Recommended action / remedy

The institution was granted approval to decline to act on the access request and was required to advise the requester of its decision and reasons.

Statutes considered
  • s.6.1(1) ATIA
  • s.4(2.1) ATIA

This summary is for informational purposes only and does not constitute legal advice.

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