Disposition Categories

Updated March 22, 2016

In the 2007-2008 Special Report to Parliament on Report Cards and Systemic Issues Affecting Access to Information in Canada, the Office of the Information Commissioner (OIC) committed to reviewing the way it classifies complaints in order to develop and implement a new set of disposition categories. The OIC uses such categories to inform on the outcome of complaint investigations.

The disposition categories are simpler, more accurate, and follow the terminology of section 37 of the Access to Information Act.

  • Well-founded
    • well-founded, resolved
    • well-founded, resolved with recommendations
    • well-founded, not resolved
  • Not well-founded
  • Resolved New
  • Settled by agreement of the parties
  • Discontinued
     

Definitions

1) Well-founded

The Office of the Information Commissioner (OIC) found evidence of the complainant’s rights being denied under the Access to Information Act.

Well-founded, resolved

The institution took remedial action to the satisfaction of the OIC during the course of the investigation.

Well-founded, resolved with recommendations

If the head of the institution accepted the OIC recommendations and remedial action was taken by the institution to the satisfaction of the OIC, the matter is considered resolved and no further action by the OIC is necessary.

Well-founded, not resolved

If the head of the institution did not accept the recommendations of the OIC, or if the remedial action was not to the satisfaction of the OIC, the complainant will be informed that the matter is not resolved and the complainant, or the OIC with the complainant’s consent, can pursue the matter in Court.

2) Not well-founded

As a result of the investigation, the OIC found that the institution applied the Access to Information Act correctly.

3) Resolved New

For cases of deemed refusal (delay) and extension complaints where the final response to the requester has been sent during the initial stages of the investigation.

4) Settled by agreement of the parties

The complaint was settled to the satisfaction of all parties without the need for the OIC to make a finding.

5) Discontinued

The complaint was withdrawn or abandoned by the complainant before allegations were fully investigated. In some cases, the complainant did not respond to the OIC’s request for representations within a reasonable time period, or cannot be located.