Canada Border Services Agency (Re), 2024 OIC 15
The Information Commissioner initiated a systemic investigation into the Canada Border Services Agency (CBSA) due to a high number of complaints alleging delays in responding to access requests, particularly for immigration application information. The investigation found a dramatic increase in requests to CBSA for records stored in the Global Case Management System (GCMS), which is also accessed by Immigration, Refugees and Citizenship Canada (IRCC). This surge was attributed to IRCC's failure to implement an effective system for clients to directly retrieve their immigration information, leading requesters to file identical requests with both institutions. Despite CBSA's efforts to increase funding, implement automation, and improve consistency and collaboration, the Commissioner found that CBSA must continue to find ways to meet its obligations under the Act, as the root cause (IRCC's system deficiencies) is outside its control. The complaint was found to be well founded, and the Commissioner made recommendations to the Minister of Public Safety and Emergency Preparedness.
- 1Whether Canada Border Services Agency failed to respond to access requests within the time limits set out in the Access to Information Act
- 2Whether the increase in access requests to Canada Border Services Agency for immigration application information is due to Immigration, Refugees and Citizenship Canada's lack of an effective system for direct client information retrieval
- 3Whether Canada Border Services Agency's current measures are sufficient to address the high volume of access requests and backlog
- Systemic delays: Complaint well-founded
- Recommendations: Recommendations made to Minister
- Institutional obligations: CBSA must meet obligations despite external factors
Complaint well founded — recommendations made to the Minister
The Commissioner found that the high volume of access requests and resulting delays at CBSA were directly linked to IRCC's ongoing failure to provide an effective alternative for clients to access their immigration application information. While CBSA had implemented measures to improve its processing capacity, the underlying systemic issue remained, meaning CBSA would continue to face a high demand for information that should ideally be accessible through other means.
The Commissioner recommended that the Minister of Public Safety and Emergency Preparedness continue to develop Robotic Process Automation tools, improve the consistent application of minimal exemptions by collaborating with IRCC and CSIS, collaborate with IRCC and other partners to ensure best practices are adopted, and secure adequate funding and human resources for the CBSA ATIP office to meet its legal obligations and eliminate its backlog.
- s.7 ATIA
- s.9 ATIA
- s.10(3) ATIA
- s.36(1) ATIA
- s.39(1) ATIA
- s.95 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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