Canadian privacy & access decisions

An unnamed federal institution applied to the Information Commissioner for approval to decline to act on an access request, alleging it was vexatious and an abuse of the right of access. The institution stated the requester had submitted 893 requests over 17 years, many closely related, due to dissatisfaction with how the institution handled their affairs. The Commissioner considered the definition of "vexatious" and "abuse of right," drawing on jurisprudence from other Canadian jurisdictions. The Commissioner found 11 of the requester's prior requests were duplicative or substantially similar, rejecting the requester's arguments for their necessity. Ultimately, the Commissioner concluded that the request was both vexatious and an abuse of the right of access, citing the large volume of requests, their repetitive nature, and recurring complaints to the OIC. The application was granted, allowing the institution to decline to act on the request.

• Whether the access request is vexatious under s.6.1(1) ATIA
• Whether the access request constitutes an abuse of the right to make a request under s.6.1(1) ATIA
• Whether the request is duplicative or substantially similar to previous requests
• Whether the volume of requests, combined with other factors, supports a finding of abuse of right

A federal institution applied to the Information Commissioner for approval to decline to act on an access request under subsection 6.1(1) of the Access to Information Act, alleging the request was vexatious, an abuse of the right to make a request, and in bad faith. The institution stated the requester was a former employee who had submitted over a dozen requests under the ATIA and Privacy Act within a year, following their dismissal. The Commissioner assessed the institution's claims regarding vagueness, repetitiveness, abusive language, and safety concerns, finding insufficient evidence to support the vexatious claim. The Commissioner also found no evidence that the request diminished the rights of other requesters or impacted the institution's other duties, thus rejecting the abuse of right claim. Finally, the Commissioner determined that the institution failed to prove the request was made in bad faith, noting that pursuing legal rights does not equate to bad faith. The Commissioner also found the institution did not demonstrate it fulfilled its duty to assist the requester. Consequently, the application was denied, and the institution was required to process the request.

• Whether the access request is vexatious under s.6.1(1) ATIA
• Whether the request is vague
• Whether the request is repetitive with previous requests
• Whether the requester used abusive language
• Whether there are concerns for the safety of employees related to the request
• Whether the access request is an abuse of the right to make a request under s.6.1(1) ATIA
• Whether the request diminishes the right of access of other requesters
• Whether the request affects the institution's ability to perform its other duties and responsibilities
• Whether the access request is made in bad faith under s.6.1(1) ATIA
• Whether the institution fulfilled its duty to assist the requester under s.4(2.1) ATIA

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