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

Decision pursuant to 6.1, 2024 OIC 64

Organization: A federal institution
Plain-language brief

A federal institution applied to the Information Commissioner for approval to decline to act on an access request under subsection 6.1(1) of the Access to Information Act. The institution argued that the request was vexatious, an abuse of the right of access, and made in bad faith. The Commissioner found that the institution successfully demonstrated that the access request was vexatious. Consequently, the Commissioner determined that the circumstances justified granting the institution's request to decline to act on the access request. The application was therefore granted, allowing the institution to refuse processing the request.

Key issues
  1. 1Whether the access request was vexatious under s.6.1(1) ATIA
  2. 2Whether the access request constituted an abuse of the right of access under s.6.1(1) ATIA
  3. 3Whether the access request was made in bad faith under s.6.1(1) ATIA
  4. 4Whether the circumstances warranted approval to decline to act on the request
Outcome breakdownFavours: Institution
  • Vexatious request: Request found vexatious
  • Decline to act: Institution permitted to decline to act
Outcome

Section 6.1 application granted

Reasoning

The Commissioner found that the institution established that the access request was vexatious, which warranted granting the application to decline to act on the request.

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Decision notes
Statutes considered
  • s.6.1(1) ATIA

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

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