Commissioner’s approval to decline to act on an access request

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)).

The institution bears the burden of establishing that the access request meets one or more of the requirements under subsection 6.1(1).

If the institution establishes that one or more of the requirements of subsection 6.1(1) apply, the Commissioner must exercise her discretionary power to either grant or refuse the application.

In exercising her discretion, the Commissioner will consider all relevant factors and circumstances, including:

• The quasi-constitutional nature of the right of access;
• The public interest in the records sought;
• Whether the institution met its obligations under subsection 4(2.1) to make every reasonable effort to assist a requester in connection with their request.

What is a vexatious access request?

[To come]

When would an access request be made in bad faith?

[To come]

What is an abuse of the right to make a request for records?

[To come]

Points for institutions to consider before applying

When deciding whether to apply to the Commissioner for approval to decline to act on an access request, institutions must consider the following:

• An application to disregard is a serious matter as it could have the effect of removing a person’s right to seek access to information in a particular case.
• Institutions must have sound reasons for submitting an application.
• Institutions must provide any supporting facts, evidence, and arguments to support their application.
• Institutions should make every reasonable effort to help the requester with the request (as per their responsibilities under subsection 4(2.1)).

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 accommodations for a disability in order to participate in this process, or to speak to someone about needs related to one of the grounds of discrimination under the Canadian Human Rights Act, contact the OIC at permission@oic-ci.gc.ca.