Decision under section 31, 2022 OIC 11

The complainant filed a complaint with the Office of the Information Commissioner (OIC) regarding an access request. The institution provided documentation showing that the complaint was submitted more than seven weeks after the 60-day statutory deadline set out in section 31 of the Access to Information Act. The complainant acknowledged the delay, explaining that the institution's response to their request had been "misplaced" after receipt, and asked the Commissioner to exercise "residual discretion" to extend the deadline. The Commissioner considered the complainant's representations and the documentary evidence. Citing Federal Court of Appeal jurisprudence, the Commissioner concluded that she does not have the authority to extend statutory timeframes for filing complaints. Therefore, the complaint was rejected as it did not meet the requirements of section 31.