An institution submitted an application to the Information Commissioner for approval to decline to act on two requests for information under subsection 6.1(1) of the Access to Information Act (the Act). In its application, the institution submitted that the requests are vexatious, made in bad faith and are otherwise an abuse of the right of access. It also maintained that it met its duty to assist the requester in connection with the requests.

The Commissioner found that the institution did not establish that the requests are vexatious, made in bad faith or are otherwise an abuse of the right to make a request. The Commissioner also found that the institution did not establish that it fulfilled its duty to assist obligations under subsection 4(2.1) prior to seeking approval to decline to act on the requests.

The application is denied and the institution is required to act on the access requests.