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

Decision pursuant to 6.1, 2024 OIC 69

Organization: A federal institutionComplainant: Anonymous applicant
Plain-language brief

A federal institution applied to the Information Commissioner under subsection 6.1(1) of the Access to Information Act, seeking approval to decline to act on 597 access requests. The institution argued that these requests constituted an abuse of the right to make a request and were vexatious. The Commissioner found that the institution successfully demonstrated that 550 of the 597 requests were indeed an abuse of the right to make a request. Consequently, the Commissioner granted approval for the institution to decline to act on these 550 requests. However, the institution failed to prove that the remaining 47 requests were vexatious or an abuse of the right. Therefore, the Commissioner did not grant approval for the institution to decline to act on those 47 requests. The application was partially granted.

Key issues
  1. 1Whether 597 access requests constituted an abuse of the right to make a request under s.6.1(1) ATIA
  2. 2Whether 597 access requests were vexatious under s.6.1(1) ATIA
Outcome breakdownFavours: Both, in part
  • Abuse of right (550 requests): Institution's application granted
  • Abuse of right (47 requests): Institution's application denied
Outcome

Section 6.1 application partially granted

Reasoning

The Commissioner found that the institution provided sufficient evidence to establish that 550 of the 597 requests were an abuse of the right to make a request, warranting approval to decline to act. However, the institution did not meet the burden of proof for the remaining 47 requests, failing to demonstrate they were vexatious or an abuse of the right.

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Decision notes
Recommended action / remedy

The Commissioner granted the institution approval to decline to act on 550 of the 597 access requests.

Statutes considered
  • s.6.1(1) ATIA

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

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