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

Decision pursuant to 6.1, 2026 OIC 08

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

An institution applied to the Information Commissioner under subsection 6.1(1) of the Access to Information Act to decline to act on a 42-page access request containing 196 items, arguing it was vexatious, made in bad faith, and an abuse of the right of access. The requester objected to the institution unilaterally splitting the request into 196 separate files and argued that the Commissioner could not be impartial due to OIC employees visiting their company website. The Commissioner found that the institution had established that the request was an abuse of the right of access due to its excessive breadth and the burden it placed on the institution, despite the requester's modifications to the request being deemed untimely. The Commissioner also found that the institution had fulfilled its duty to assist the requester. Consequently, the Commissioner granted the institution's application to decline to act on the request.

Key issues
  1. 1Whether the access request was vexatious under s.6.1(1) ATIA
  2. 2Whether the access request was made in bad faith under s.6.1(1) ATIA
  3. 3Whether the access request was an abuse of the right of access under s.6.1(1) ATIA
  4. 4Whether the Commissioner had a conflict of interest
  5. 5Whether OIC employees visiting the requester's website constituted a breach of procedural fairness
  6. 6Whether the institution's employees had a conflict of interest
  7. 7Whether the requester's modifications to the request rendered the application moot
  8. 8Whether the institution met its duty to assist the requester under s.4(2.1) ATIA
Outcome breakdownFavours: Institution
  • Abuse of right of access: Application to decline to act granted
  • Duty to assist: Institution fulfilled duty to assist
  • Timeliness of modifications: Requester's modifications deemed untimely
Outcome

Section 6.1 application granted

Reasoning

The Commissioner found that the access request, comprising 196 items across 42 pages, was excessively broad and placed an unreasonable burden on the institution, thus constituting an abuse of the right of access. The institution also made reasonable efforts to assist the requester. Given these factors, the Commissioner exercised discretion to grant the application.

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Decision notes
Statutes considered
  • s.6.1(1) ATIA
  • s.6.1(1.1) ATIA
  • s.4(2.1) ATIA
  • s.34 ATIA

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

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