Canadian privacy & access decisions

The Information Commissioner initiated a systemic investigation into Immigration, Refugees and Citizenship Canada's (IRCC) processing of access requests for immigration application files due to a dramatic increase in requests and complaints. The investigation found that IRCC's practice of automatically extending response times for frequent requesters under paragraph 9(1)(a) of the Access to Information Act was improper. This practice disregarded Federal Court of Appeal guidance and the Act's requirement to not consider a requester's identity. The Commissioner issued five recommendations to IRCC, including ceasing the improper extension practice, developing a work plan to improve ATIP office performance, publishing results, improving the availability of client immigration information, and securing adequate short-term resources. IRCC agreed to all recommendations and submitted a work plan. The complaint was found to be well-founded.

• Whether IRCC's practice of extending time limits under paragraph 9(1)(a) for frequent requesters was compliant with the ATIA
• Whether IRCC's extension practice disregarded Federal Court of Appeal guidance on s.9(1)(a)
• Whether IRCC's extension practice violated subsection 4(2.1) by considering requester identity
• Whether IRCC had sufficient resources and effective processes to manage the volume of access requests
• Whether IRCC provided adequate alternative means for clients to obtain immigration application information