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

Decision pursuant to 6.1, 2025 OIC 63

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

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

Key issues
  1. 1Whether the access request was vexatious
  2. 2Whether the access request constituted an abuse of the right of access under s.6.1(1) ATIA
Outcome breakdownFavours: Institution
  • Decline to act: Application to decline to act granted
  • Vexatious request: Request found to be an abuse of right of access
Outcome

Section 6.1 application granted

Reasoning

The Commissioner found that the institution established that the access request at issue was an abuse of the right of access, warranting approval to decline to act on it.

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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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