Federal (Canada)Access to Information Acts.6.1 Application Granted (refusal authorized)

Decision pursuant to 6.1, 2024 OIC 62

Organization: A federal institution
Plain-language brief

A federal institution submitted an application to the Information Commissioner under subsection 6.1(1) of the Access to Information Act, seeking approval to decline to act on an access request. The institution argued that the request constituted an abuse of the right to make a request. The Commissioner reviewed the institution's submission and found that the institution successfully established that the access request was indeed an abuse of the right to make a request. Consequently, the Commissioner determined that the circumstances warranted granting approval for the institution to decline to act on the request. The application was therefore granted, allowing the institution to refuse processing the access request.

Key issues
  1. 1Whether the access request constituted an abuse of the right to make a request under s.6.1(1) ATIA
  2. 2Whether the circumstances warrant granting approval for the institution to decline to act on the request
Outcome breakdownFavours: Institution
  • Abuse of right: Abuse of right established
  • Decline to act: Approval to decline granted
Outcome

Section 6.1 application granted

Reasoning

The Commissioner found that the institution successfully established that the access request was an abuse of the right to make a request, and that the circumstances justified granting the institution's application to decline to act.

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Decision notes
Statutes considered
  • s.6.1 ATIA

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

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