Decision under section 31, 2025 OIC 41
The complainant alleged that a federal institution had failed to respond to an access request within the prescribed time limit, resulting in a deemed refusal. The Information Commissioner found the complaint inadmissible because it was not submitted within the 60-day time limit required by section 31 of the Access to Information Act. The Commissioner determined that the complainant's awareness of the deemed refusal began when the institution first failed to meet the statutory deadline, not on the date the complaint was filed.
- Timeliness of complaint submission under section 31 of the ATIA
- Definition of 'day on which the requester becomes aware' for deemed refusals
- Interpretation of 'ongoing' or 'continuing' deemed refusals
- Applicability of Federal Court and OIC precedent on complaint timeliness
Complaint inadmissible due to untimely submission
The Information Commissioner determined that the complaint was filed outside the mandatory 60-day time limit stipulated by section 31 of the Access to Information Act. The complainant's argument that a 'deemed refusal' is an ongoing issue that resets the clock daily was rejected; awareness of the grounds for complaint arises when the institution first fails to meet a deadline.
AI-generated summary for reference only. Always verify against the official decision ↗
- s.31 ATIA
- s.10(3) ATIA
- s.9(1)(c) ATIA
This is an informational summary of a decision and not legal advice.