Canadian Privacy Decisions

The Office of the Information Commissioner (OIC) received a complaint alleging that a federal institution did not respond to an access request within an extended timeframe and raised concerns about the institution's communication conduct. The OIC accepted the complaint regarding the delay but found the complaint about inappropriate conduct inadmissible as it was filed outside the 60-day time limit. The OIC determined the time limit for the conduct complaint began on May 2, 2022, when the institution first communicated its proposed response, not when the extended response deadline passed.

• Timeliness of filing a complaint regarding alleged inappropriate communication
• Determination of when the 60-day time limit to file a complaint begins
• The impact of an institution's communication conduct on the complainant's awareness of grounds for complaint

The Information Commissioner determined that a complaint was inadmissible because it was not filed within the 60-day time limit required by section 31 of the Access to Information Act. The complainant argued that the time limit should start from when they recovered a deleted email from the institution, but the Commissioner found that the period for submitting the complaint began the day after the institution's response was received. The Act does not grant the Commissioner the power to extend this mandatory time limit.

• Timeliness of complaint submission under section 31 of the ATIA
• Interpretation of 'in any other case' in section 31
• Commencement date for the 60-day complaint period

The Information Commissioner of Canada gave notice that she ceased to investigate a complaint. The Commissioner determined the complaint was trivial, as the complainant wished to pursue the matter as a point of principle, despite the issue having already been settled and showing a seeming lack of interest in obtaining the records.

• Whether the complaint was trivial, frivolous, or vexatious under subsection 30(4)(a) of the ATIA.

The complainant filed a complaint under the Access to Information Act (ATIA) concerning an institution's response to their request. The institution argued the complaint was filed outside the 60-day time limit stipulated by section 31 of the ATIA. The complainant acknowledged the delay but requested the Information Commissioner extend the deadline due to the institution's undated covering letter and the misplacement of the response. The Commissioner rejected the complaint, stating she lacks the authority to extend statutory timeframes.

• Timeliness of complaint submission
• Commissioner's discretion to extend statutory time limits
• Interpretation of section 31 of the ATIA