Process: seeking the Information Commissioner’s approval to decline to act on an access request under section 6.1
Under subsection 6.1(1) of the Access to Information Act, the head of a government institution may seek the Information Commissioner’s written approval to decline to act on an access request if, in the head of the institution’s opinion, the request is one or more of the following:
- vexatious
- made in bad faith
- an abuse of the right to make a request for access to records.
Institutions may not decline to act on access requests for the sole reason that the requested information was already proactively published under Part 2 of the Act (subsection 6.1(1.1)).
How to seek approval
To seek approval to decline to act on an access request, an institution must submit by email a written application to the Commissioner, copying the requester. Follow the instructions below.
The Commissioner may depart from these instructions and timelines when warranted.
When an institution seeks approval to decline to act on more than one access request made by the same requester, it may submit one application covering them all.
When to seek approval
Institutions should submit applications within the 30-day or extended time limit set out in section 7 for responding to access requests. When an application involves more than one access request, the period for submitting the application starts from the date the institution receives the last of the requests in question.
What the application should contain
The application must include the following in writing and in the same official language as the access request(s):
- a copy of the access request(s)
- the requester’s name and contact information
- the date the institution received the access request(s)
- the institution’s access request file number(s)
- proof that the institution gave written notice to the requester that it is seeking approval to decline to act on the access request(s), as required by subsection 6.1(1.3)
- a written submission setting out the following:
- why the request(s) meets one or more of the requirements of subsection 6.1(1)
- why the Commissioner should grant the application for approval to decline to act on the request(s)
- copies of other relevant access requests and any responses
- copies of relevant communications between the requester and institution
- copies of any other documents the institution considers relevant.
Institutions will not have another opportunity to provide information about an application unless the Commissioner asks for further information or clarification.
Institutions must send the application by email to the Office of the Information Commissioner (OIC) (permission@oic-ci.gc.ca) and the requester at the same time.
Suspension of the time limit to respond to the request(s)
The time limit to respond to the access request(s) is suspended until the institution receives the Commissioner’s written decision on the application (subsection 6.1(1.2)).
The suspension begins the day the institution emails the application to the OIC. The time limit to respond to the access request(s) resumes on the day after the institution receives the Commissioner’s decision.
Review to determine whether application merits consideration
The Commissioner reviews the application to decide whether it merits consideration.
The Commissioner may refuse an application that is untimely, incomplete or does not contain enough information for her to decide whether to grant or refuse it.
When the Commissioner decides the application merits consideration, the OIC notifies the institution and requester that she will consider the application.
When the Commissioner decides the application does not merit consideration, the OIC sends the Commissioner’s written decision via email to the institution and requester.
Requester’s response to the application
When the Commissioner decides the application does not merit consideration, no response is required from the requester.
When the Commissioner decides she will consider the application and notifies the parties accordingly, the requester has 10 business days after receiving the notice to provide a written response to the application.
The response should include the following:
- a written submission setting out the following:
- why the request(s) does not meet the requirements of subsection 6.1(1)
- why the Commissioner should not grant the application for approval to decline to act on the request(s)
- copies of relevant communications between the requester and institution
- copies of any other documents the requester considers relevant.
Requesters will not have another opportunity to provide information about the application unless the Commissioner asks for further information or clarification.
Requesters must send their responses in writing by email to the OIC (permission@oic-ci.gc.ca) and institution at the same time.
Commissioner’s decision
The Commissioner issues her decision with reasons and a statement indicating whether she grants the application.
The OIC sends the decision to the institution and requester by email.
Institution’s notice to the requester
Once the institution receives the Commissioner’s decision, it must give written notice to the requester, as follows:
| Commissioner grants application | Commissioner refuses application |
|---|---|
The institution will not process the access request(s) and the reasons why (required by subsection 6.1(2)). The institution should return the requester’s $5 application fee(s). | The institution will process the access request(s). The notice must also indicate the date on which the 30-day or extended period for responding to the request(s) resumes. Example June 1: Institution receives access request. June 11: Institution applies to Commissioner for approval to decline to act on request (period to respond to request stops). June 22: Institution receives Commissioner’s decision that it may not decline to act on request. June 23: Period to respond to request resumes. July 12 or the day any extension of time expires: Institution must respond to request unless institution transfers it to another institution. |
Questions
If you have any questions about the process for applications seeking approval to decline to act on an access request, contact the OIC at permission@oic-ci.gc.ca.
Do you need an accommodation to participate in this process?
To request accommodation for a need related to one of the prohibited grounds of discrimination under the Canadian Human Rights Act, or if you have questions about accommodation during the process for applying to seek approval to decline to act on an access request, first review Policy: accommodation when receiving services from the Office of the Information Commissioner and then contact the OIC at permission@oic-ci.gc.ca.