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

Decision pursuant to 6.1, 2026 OIC 57

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, seeking approval to decline to act on 72 access requests. The institution argued that these requests constituted an abuse of the right of access and were vexatious, citing their high volume, repetitive nature, and the burden they placed on resources. The Commissioner found that 71 of the 72 requests were an abuse of the right of access, concluding that those in Annex A were repetitive and those in Annex B were unduly systematic. While the institution did not prove the requests had a purpose other than obtaining information, the Commissioner noted the institution had fulfilled its duty to assist. Considering the minimal public interest in further disclosure given thousands of pages already released, and the disproportionate effort required, the Commissioner partially granted the application. The institution was approved to decline to act on 71 requests, but not one request related to ATIP training. The Commissioner also declined to impose limits on future requests.

Key issues
  1. 1Whether the institution's application to decline to act on 72 access requests under s.6.1(1) ATIA should be granted
  2. 2Whether the access requests constituted an abuse of the right to make a request under s.6.1(1) ATIA
  3. 3Whether the access requests were vexatious under s.6.1(1) ATIA
  4. 4Whether the access requests were repetitive
  5. 5Whether the access requests were made with a purpose other than obtaining records or information
  6. 6Whether the access requests were unduly systematic
  7. 7Whether the institution fulfilled its duty to assist the requester under s.4(2.1) ATIA
  8. 8Whether the public interest in the records sought warranted granting or denying the application
  9. 9Whether the Commissioner should exercise discretion to grant the application
  10. 10Whether limits should be placed on future access requests from the requester
Outcome breakdownFavours: Both, in part
  • Abuse of right of access: 71 requests deemed abuse of right of access
  • Abuse of right of access: 1 request not deemed abuse of right of access
  • Future request limits: Limits on future requests denied
Outcome

Section 6.1 application partially granted

Reasoning

The Commissioner found 71 of 72 requests constituted an abuse of the right of access due to being repetitive or unduly systematic, and the circumstances (including the institution's duty to assist and minimal public interest in further disclosure) warranted granting approval to decline to act on them.

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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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