Decision under section 30, 2026 OIC 45

Date of decision: May 14, 2026

Summary

The Information Commissioner received a complaint under the Access to Information Act alleging that the titles of certain briefing notes published on the Open Canada website have been improperly withheld.

Section 30 of the Act authorizes the Commissioner to receive and investigate complaints containing allegations that fall under paragraphs 30(1)(a) to (d.1) when the complainant is the person or corporation who made the access request. The Commissioner may also investigate allegations falling under paragraph 30(1)(e) or any other matters relating to requesting or obtaining access to records under Part 1 of the Act (paragraph 30(1)(f)), regardless of whether the complainant made an access request.

The Commissioner cannot receive or investigate complaints concerning Part 2 of the Act, which sets out obligations related to the proactive publication of specific information and documents.

Subsection 91(1) of the Act specifically states that the Commissioner “may not exercise any powers in relation to the proactive publication of information under this Part, including any powers — such as receiving complaints and investigating them — that are conferred on her under Part 1.”

The complaint was found inadmissible since it did not fall under subsection 30(1). This is because it does not relate to an access request (paragraph 30(1)(a) to (d.1)), a matter referenced in paragraph 30(1)(e) or any other matter relating to requesting or obtaining access to records under Part 1 the Act (paragraph 30(1)(f)).

Accordingly, the Information Commissioner did not accept the complaint, since she has no authority to investigate it.