Decision under section 31, 2025 OIC 41

The complainant alleged that a federal institution failed to respond to an access request within the statutory 30-day period or an extended period, resulting in a deemed refusal under subsection 10(3) of the Access to Information Act. The complainant submitted their complaint on January 21, 2025, arguing that the deemed refusal was 'ongoing' and therefore the 60-day time limit for complaints under section 31 should not apply from the initial awareness date. The OIC requested clarification on when the complainant first became aware of the institution's failure to respond, but the complainant maintained their 'ongoing refusal' position. The OIC determined that the complaint was inadmissible because it was not submitted within the mandatory 60-day time limit from when the complainant first became aware of the grounds for complaint. The Commissioner rejected the argument that an 'ongoing' deemed refusal continuously restarts the complaint period, citing Federal Court precedent and emphasizing that the Act does not grant the Commissioner power to extend this time limit.