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Decisions/Federal (Canada)/Access to Information Act/Decision under section 31, 2022 OIC 53
Office of the Information Commissioner of CanadaAccess to Information Act2022 OIC 53Discontinued
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Decision under section 31, 2022 OIC 53

Organization: A federal institution
Decision: Dec 16, 2022Published: Dec 16, 2022

The Office of the Information Commissioner (OIC) received a complaint alleging that a federal institution did not respond to an access request within an extended timeframe and raised concerns about the institution's communication conduct. The OIC accepted the complaint regarding the delay but found the complaint about inappropriate conduct inadmissible as it was filed outside the 60-day time limit. The OIC determined the time limit for the conduct complaint began on May 2, 2022, when the institution first communicated its proposed response, not when the extended response deadline passed.

  • Timeliness of filing a complaint regarding alleged inappropriate communication
  • Determination of when the 60-day time limit to file a complaint begins
  • The impact of an institution's communication conduct on the complainant's awareness of grounds for complaint

Complaint concerning communication conduct deemed inadmissible due to late filing; complaint concerning delay accepted.

The Information Commissioner found that the complaint regarding the institution's conduct was submitted outside the mandatory 60-day time limit, which began when the complainant was first aware of the conduct. The complaint regarding the delay in responding was accepted for investigation.

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Statutory provisions cited
  • s.31 ATIA

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