5821-02667 — Immigration and Refugee Board of Canada
The complainant alleged that the Immigration and Refugee Board of Canada (IRB) took an unreasonable extension of time to respond to an access request for records related to an updated 'Weighing Evidence' document. The IRB claimed a 1,295-day extension under paragraph 9(1)(a) of the Access to Information Act, which would have delayed the response until March 31, 2025. While the Commissioner accepted that the request involved a large volume of records and that responding within 30 days would interfere with operations, she found the length of the extension unreasonable. The IRB's calculation of timeframes for review, particularly the 160 weeks for an analyst and the sequential review process, was not justified given the institution's ATIP resources and the nature of the records. Consequently, the Commissioner found the extension invalid, deeming the IRB to have refused access. The complaint was well founded, and the Commissioner ordered the IRB to process the records by April 18, 2023.
- 1Whether the institution properly notified the complainant of the extension of time
- 2Whether the request was for a large volume of records or necessitated a search through a large volume of records
- 3Whether responding to the request within 30 days would unreasonably interfere with the institution's operations
- 4Whether the length of the time extension claimed under paragraph 9(1)(a) was reasonable
- 5Whether the 160-week timeframe for an analyst's preliminary review was justified
- 6Whether the 10 weeks for ATI Management's review and 10 weeks for final approval were justified
- 7Whether the 3 additional weeks for miscellaneous delays were justified
- 8Whether the institution established why processing steps must be taken sequentially without overlap
- 9Whether the institution was deemed to have refused access under subsection 10(3) due to an invalid extension
- Extension of time: Extension found unreasonable
- Deemed refusal: Deemed refusal upheld
- Processing of records: Processing ordered by specific date
Complaint well founded — disclosure ordered
The Immigration and Refugee Board of Canada (IRB) failed to demonstrate that the 1,295-day extension of time was reasonable. While the request involved a large volume of records and responding within 30 days would interfere with operations, the IRB's calculation of timeframes for various processing steps, particularly the analyst's review and the sequential nature of reviews, was not sufficiently logical or supported. The Commissioner found that the IRB did not establish that providing access within a materially lesser period would unreasonably interfere with its operations.
The Chairman of the Immigration and Refugee Board of Canada is ordered to process all records within the scope of the request as soon as possible but no later than April 18, 2023.
- s.7 ATIA
- s.9(1)(a) ATIA
- s.10(3) ATIA
- s.30(1)(c) ATIA
- s.36.1(1) ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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