Canadian privacy & access decisions

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 Office of the Information Commissioner (OIC) received a complaint alleging that a federal institution failed to provide records in French in response to an access request. During the OIC's investigation, the institution translated the requested documents into French and provided them to the complainant. As the complainant subsequently received the documents in their preferred official language, the OIC determined that continuing the investigation was unnecessary. Consequently, the Information Commissioner ceased the investigation under paragraph 30(4)(b) of the Access to Information Act, which permits ceasing an investigation when it is no longer required due to the circumstances.

• Whether the institution failed to provide records in French
• Whether continuing the investigation was unnecessary under paragraph 30(4)(b) of the ATIA

The Office of the Information Commissioner (OIC) ceased an investigation into a complaint alleging that a federal institution failed to conduct a reasonable search for records created in the 1990s. The OIC invoked paragraph 30(4)(b) of the Access to Information Act, which permits ceasing an investigation if it is unnecessary, such as when the matter has already been investigated. The OIC had previously investigated and issued a final report on an identical complaint regarding the same institution and type of records. The complainant was given an opportunity to provide representations on why the investigation should continue but did not respond. As no new evidence was presented to differentiate this complaint from the prior one, the OIC concluded that continuing the investigation was unnecessary.

• Whether the investigation was unnecessary under paragraph 30(4)(b) of the Access to Information Act because the matter had already been the subject of an investigation or final report