BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5820-02800 — Shared Services Canada and Public Services and Procurement Canada
Office of the Information Commissioner of CanadaAccess to Information Act5820-02800Well-founded
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5820-02800 — Shared Services Canada and Public Services and Procurement Canada

Organization: Shared Services Canada
Decision: May 12, 2022Published: May 12, 2022

The complainant alleged that Shared Services Canada (SSC) wrongfully refused to process an access request for records related to informal official language complaints. SSC argued that the request, even after narrowing its scope, did not meet the requirements of section 6 of the Access to Information Act because it would require tasking too many employees and would impose an unreasonable administrative burden. The Information Commissioner disagreed, finding the request sufficiently detailed and ordering SSC to process it.

  • Whether the access request provided sufficient detail to enable an experienced employee to identify records with reasonable effort.
  • Whether administrative burden on an institution is a valid reason to refuse processing a request.
  • Whether the scope of the request necessitated tasking all employees of the department.
  • Whether section 6.1 of the Act was the appropriate process to address claims of vexatious requests.

Complaint well founded — Order issued to process request

The Commissioner found that the request, as amended, provided sufficient detail to enable an experienced employee to identify records with reasonable effort. The Commissioner also ruled that administrative burden alone is not a valid reason to refuse processing a request and that the Act provides alternative mechanisms for managing requests for a large volume of records or those deemed vexatious.

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Recommended action / remedy

The Commissioner ordered the Minister of Public Services and Procurement Canada to accept the access request and proceed accordingly.

Statutory provisions cited
  • s.6 ATIA
  • s.6.1 ATIA
  • s.19 ATIA
  • s.36.1 ATIA

This decision is informational only and does not constitute legal advice.