Decision pursuant to 6.1, 2025 OIC 47

An institution applied 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 the request was vexatious, made to seek retribution, bully, or circumvent an investigation, citing the requester's prior communications, refusal to narrow the request, and the timing and content of the request. The access request sought all emails, Teams messages, and iMessages from three ATIP office employees over a three-day period, regardless of subject matter. The Commissioner found that the institution did not establish that the request was vexatious. The Commissioner interpreted the requester's communications as indicating an intent to file an OIC complaint, not to bully or seek retribution, and found the refusal to narrow the scope plausible given the requester's stated interest in the ATIP office's deliberations. Consequently, the Commissioner denied the institution's application.