Federal (Canada)Access to Information Acts.6.1 Application Denied (must respond)

Decision pursuant to 6.1, 2021 OIC 23

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

An institution applied to the Information Commissioner under subsection 6.1(1) of the Access to Information Act to decline to act on two access requests, arguing they were vexatious, made in bad faith, and an abuse of the right of access. The institution also claimed it had fulfilled its duty to assist the requester. The Commissioner found that the institution did not provide sufficient evidence to establish that the requests were vexatious, made in bad faith, or an abuse of the right of access. Specifically, the Commissioner found no evidence of duplication, improper motive, or undue burden. Furthermore, the Commissioner determined that the institution failed to demonstrate it had met its duty to assist obligations before seeking approval to decline the requests. Consequently, the Commissioner denied the institution's application, requiring it to process the access requests.

Key issues
  1. 1Whether the requests were vexatious under s.6.1(1) ATIA
  2. 2Whether the requests were made in bad faith under s.6.1(1) ATIA
  3. 3Whether the requests constituted an abuse of the right of access under s.6.1(1) ATIA
  4. 4Whether the institution fulfilled its duty to assist obligations under s.4(2.1) ATIA
Outcome breakdownFavours: Applicant / complainant
  • Vexatious request: Institution's claim denied
  • Bad faith request: Institution's claim denied
  • Abuse of right of access: Institution's claim denied
  • Duty to assist: Institution failed to meet obligations
  • Application to decline to act: Application denied
  • Processing of requests: Institution ordered to process requests
Outcome

Section 6.1 application denied

Reasoning

The institution failed to provide sufficient evidence to support its claims that the requests were vexatious, made in bad faith, or an abuse of the right of access. The Commissioner also found that the institution did not demonstrate it had fulfilled its duty to assist the requester prior to making the application.

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Decision notes
Recommended action / remedy

The institution is required to act on the access requests.

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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