Federal (Canada)Access to Information ActWell-founded

5820-02800 — Shared Services Canada and Public Services and Procurement Canada

Organization: Shared Services CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Shared Services Canada (SSC) improperly refused to process an access request for records related to informal official language complaints. SSC argued that the request, even after being narrowed to a one-year timeframe and specific keywords in email subject lines, did not meet the requirements of section 6 of the Access to Information Act because it would require tasking over 8,300 employees and create an unreasonable administrative burden. The Information Commissioner disagreed, stating that the term "reasonable effort" in section 6 refers to identifying records, not limiting the number of individuals tasked. The Commissioner also noted that the Act provides for time extensions for large requests and that the potential for redacting personal information under section 19 is not a valid reason to refuse processing. The Commissioner concluded that the request was sufficiently detailed and ordered SSC to process it.

Key issues
  1. 1Whether the access request provided sufficient detail to enable an experienced employee to identify records with a reasonable effort under s.6 ATIA
  2. 2Whether the administrative burden on the institution constitutes a valid reason to refuse processing a request under s.6 ATIA
  3. 3Whether the potential for retrieving personal information that would be exempt under s.19 ATIA is a valid reason to refuse processing a request
Outcome breakdownFavours: Applicant / complainant
  • Sufficiency of request: Request deemed sufficiently detailed
  • Administrative burden: Institution's argument of unreasonable burden rejected
  • Processing of request: Institution ordered to process request
Outcome

Complaint well founded — disclosure ordered

Reasoning

The Commissioner found that the request, as amended, provided sufficient detail for an experienced employee to identify responsive records. The Commissioner clarified that "reasonable effort" in s.6 refers to identifying records, not limiting the number of employees tasked, and that administrative burden or the potential for exemptions (like s.19) are not valid reasons to refuse processing a request.

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Decision notes
Recommended action / remedy

The Minister of Public Services and Procurement Canada is ordered to accept the access request as meeting the requirements of section 6 and to proceed accordingly.

Statutes considered
  • s.6 ATIA
  • s.9(1)(a) ATIA
  • s.19(1) ATIA
  • s.36.1(1) ATIA
  • s.41 ATIA
  • s.43 ATIA

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

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