An institution submitted an application to the Information Commissioner for approval to decline to act on two requests for access to information under subsection 6.1(1) of the Access to Information Act. The institution stated that the access requests were vexatious and constituted an abuse of the right to make a request for access to records. The institution further submitted that it had met its duty to assist the requester in connection with the request.

The Commissioner found that the institution not only did not fulfill its duty to assist obligations under subsection 4(2.1) of the Act, but it also failed to establish that the requests were made in bad faith or were otherwise an abuse of the right to make a request.

The Commissioner denied the applications.