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

Decision pursuant to 6.1, 2026 OIC 18

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

An unnamed federal institution applied to the Information Commissioner for approval to decline to act on an access request, arguing it constituted an abuse of the right of access under subsection 6.1(1) of the Access to Information Act. The request sought extensive records related to rare diseases and medications, spanning from the earliest records to the present, across multiple departments and communication types. The institution contended the request was overly broad, would overburden its small staff, and required manual review of an unmanageable volume of records. The Commissioner found that the request, particularly its fifth part, was indeed overly broad and that responding to it would overburden the institution, which has only 15 employees and processes a modest number of pages annually. Despite the requester's offer to provide a more specific list of diseases, the Commissioner concluded that the institution had made reasonable efforts to assist and that the request would still be unduly burdensome. Consequently, the Commissioner granted the institution's application to decline to act on the request.

Key issues
  1. 1Whether the access request is an abuse of the right of access under s.6.1(1) ATIA
  2. 2Whether the request is overly broad
  3. 3Whether acting on the request would overburden the institution
  4. 4Whether the institution met its duty to assist the requester under s.4(2.1) ATIA
  5. 5Whether the circumstances warrant granting approval to decline to act on the request
Outcome breakdownFavours: Institution
  • Abuse of right of access: Application to decline to act granted
  • Overly broad request: Request found to be overly broad
  • Undue burden: Responding to request found unduly burdensome
  • Duty to assist: Institution made reasonable efforts to assist
Outcome

Section 6.1 application granted

Reasoning

The Commissioner found that the access request was overly broad and would overburden the institution, which is a small organization with limited ATIP resources. The institution demonstrated that it made reasonable efforts to assist the requester in narrowing the scope, but the request remained unmanageable.

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

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

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