Federal (Canada) privacy & access decisions

The Office of the Information Commissioner (OIC) received a complaint alleging that a federal institution failed to respond within an extended timeframe for an access request and engaged in inappropriate communication. The OIC accepted the complaint regarding the delay but deemed the complaint about inappropriate communication inadmissible. The institution had, on May 2, 2022, suggested the requester abandon their request, which the requester declined on May 22, 2022. The complainant argued the 60-day period for filing a complaint about the communication started when the extended response timeframe expired on August 25, 2022. However, the OIC determined that the alleged inappropriate conduct occurred on May 2, 2022, when the institution first communicated its proposal regarding the request. Since the complaint about communication was filed after the mandatory 60-day limit from May 2, 2022, the Commissioner found it inadmissible.

• Whether the institution responded within the extended timeframe for an access request
• Whether the complaint regarding the institution's alleged inappropriate communication was submitted within the 60-day time limit under s.31 ATIA
• When the complainant became aware of the grounds for complaint regarding alleged inappropriate communication

The complainant filed a complaint with the Office of the Information Commissioner (OIC) regarding an access request. The institution had responded to the access request by email, but the complainant inadvertently deleted the email before reviewing its contents. The complainant argued that the 60-day time limit for filing a complaint under section 31 of the Access to Information Act (ATIA) should begin from the date they became aware of the grounds for complaint, which was when they recovered and reviewed the deleted email. The OIC determined that the complaint was inadmissible because it was submitted outside the mandatory 60-day timeframe. The Commissioner clarified that the 60-day period begins the day after the requester receives the institution's response, not when they become aware of the grounds for complaint due to their own actions. The OIC concluded that the ATIA does not grant the Commissioner the power to extend this statutory time limit.

• Whether the complaint was filed within the 60-day time limit prescribed by section 31 of the ATIA
• Interpretation of 'in any other case' in section 31 of the ATIA regarding the start of the complaint period
• Whether the Information Commissioner has the power to extend the 60-day time limit for filing a complaint

The Information Commissioner ceased investigation into complaint 5819-02602. The complainant had indicated a desire to pursue the matter solely as a point of principle, despite the underlying issue for which the information was sought having already been settled. The Commissioner determined that the complainant's apparent lack of interest in actually obtaining the records, coupled with the request to continue the investigation based purely on principle, rendered the complaint trivial. Consequently, the investigation was ceased under paragraph 30(4)(a) of the Access to Information Act, which permits the Commissioner to discontinue an investigation if the complaint is deemed trivial, frivolous, vexatious, or made in bad faith.

• Whether the complaint was trivial, frivolous, vexatious, or made in bad faith under paragraph 30(4)(a) of the Access to Information Act

The complainant filed a complaint with the Office of the Information Commissioner (OIC) regarding an access request. The institution provided documentation showing that the complaint was submitted more than seven weeks after the 60-day statutory deadline set out in section 31 of the Access to Information Act. The complainant acknowledged the delay, explaining that the institution's response to their request had been "misplaced" after receipt, and asked the Commissioner to exercise "residual discretion" to extend the deadline. The Commissioner considered the complainant's representations and the documentary evidence. Citing Federal Court of Appeal jurisprudence, the Commissioner concluded that she does not have the authority to extend statutory timeframes for filing complaints. Therefore, the complaint was rejected as it did not meet the requirements of section 31.

• Whether the complaint was filed within the 60-day statutory timeframe under section 31 of the Access to Information Act
• Whether the Information Commissioner has the authority to extend the statutory timeframe for filing a complaint

The complainant submitted an access to information request to a federal institution and received a response in October 2021. The institution's response included a notice informing the complainant of their right to complain to the Information Commissioner within sixty days. The complainant filed a complaint with the Office of the Information Commissioner (OIC) in January 2022, which was more than sixty days after receiving the institution's response. The OIC determined that the complaint was submitted outside the mandatory 60-day timeframe specified in section 31 of the Access to Information Act. Citing legal precedents, the Commissioner concluded that the OIC does not have the authority to extend statutory timeframes. Consequently, the complaint was rejected.

• Whether the complaint was filed within the 60-day statutory timeframe as per s.31 of the Access to Information Act
• Whether the Information Commissioner has the authority to extend the statutory timeframe for filing a complaint