Federal (Canada) privacy & access decisions

The Information Commissioner ceased investigation into seventeen complaints, finding them vexatious. The complaints alleged unreasonable time extensions taken by an institution. However, the Commissioner found that these seventeen requests sought the same information as a previous request from the same complainant, which had already been the subject of an OIC investigation where the time extension was deemed reasonable. The complainant had not pursued a Federal Court review of the previous finding. Evidence showed the institution was providing regular interim responses as committed, contrary to the complainant's assertion. The Commissioner concluded that the new complaints were an attempt to circumvent the OIC's previous findings and avoid the proper recourse mechanism of Federal Court review. Therefore, the Commissioner ceased investigation under paragraphs 30(4)(a) and (b) of the Access to Information Act.

• Whether the complaints were vexatious under s.30(4)(a) ATIA
• Whether further investigation was unnecessary under s.30(4)(b) ATIA
• Whether the new requests were substantively duplicative of a previously investigated complaint
• Whether the complainant was attempting to circumvent previous OIC findings