What are the possible outcomes for my complaint?

Complaint is concluded by Registry

The OIC’s Registry reviews all new complaints to determine whether they are admissible. Inadmissible complaints include those that are submitted after the 60-day deadline (see Timeframe for submitting a complaint) or that are outside the Commissioner’s mandate (e.g. complaints against institutions not covered by the Access to Information Act). More information: Before you submit a complaint.

If the OIC Registry determines your complaint is inadmissible, you will receive a written decision explaining why.

Complaint is well founded

Based on the findings of an investigation, the Information Commissioner may conclude that one or more of the allegations in your complaint have merit.

Examples

• The Commissioner concludes that the extension of time you complained about did not meet the requirements of paragraph 9(1)(a).
• The Commissioner concludes that information withheld under section 19 was not personal information and that, therefore, the institution should have disclosed it.

Once the investigation is complete, the OIC will send you, the institution and any other parties to the complaint a report (called “Information Commissioner’s final report”) that may include the following information:

• your allegations
• an explanation of the provisions of the Access to the Information Act relevant to your allegations
• the Commissioner’s conclusions on the allegations and the analysis on which the conclusions are based
• the finding of well founded.

The report will also list any orders and/or recommendations the Commissioner issued to the institution to resolve the matters that were at the centre of your allegations and will indicate whether the institution will implement them. You will also find in the report a description of the rights of the various parties to the complaint, including you, to pursue matters before the courts.

Complaint is not well founded

Based on the findings of an investigation, the Information Commissioner may conclude that none of the allegations in your complaint have merit.

Examples

• The Commissioner concludes that the institution conducted a reasonable search for the records you requested.
• The Commissioner concludes that information the institution withheld under paragraph 20(1)(a) was a trade secret belonging to a third party and that, therefore, the institution could not disclose it to you.

Once the investigation is complete, the OIC will send you, the institution and any other parties to the complaint a report (called “Information Commissioner’s final report”) that may include the following information:

• your allegations
• an explanation of the provisions of the Access to the Information Act relevant to your allegations
• the Commissioner’s conclusions on the allegations and the analysis on which the conclusions are based
• the finding of not well founded.

You will also find in the report a description of the rights of the various parties to the complaint, including you, to pursue matters before the courts.

Complaint is discontinued

You withdraw your complaint because you no longer want the OIC to investigate your allegations.

Examples

• You no longer need the information you requested.
• The circumstances that prompted your complaint have changed.

The OIC will send you, the institution and any other parties to the complaint a notice indicating that you have withdrawn your complaint.

Complaint is refused or an investigation is ceased

The Act gives the Commissioner the power to refuse to investigate a complaint or to cease (stop) an investigation before it is finished in two situations:

• when investigating the complaint is unnecessary, taking all the circumstances of the complaint into account
• when the complaint is trivial, frivolous, vexatious or is made in bad faith.

More information: How the OIC processes and investigates complaints

The Commissioner’s refusing or ceasing to investigate complaints means she can use her investigative resources most effectively for her office and the access system. This is because, among other reasons, investigations, or continued investigations, into matters that have already been resolved would have no practical effect and would not offer any additional relief to the complainant.

Examples

The following are examples of situations when the Commissioner may decide to refuse or cease to investigate a complaint, based on the specific facts and circumstances of the complaint.

Investigation is unnecessary

• You receive a response to your access request before the Commissioner determines the merits of your allegation that the institution did not respond within the time limits.
• You receive the information you requested before the Commissioner determines the merits of your allegation that the institution was not authorized to exempt it from disclosure.

Complaint is trivial, frivolous, vexatious or is made in bad faith

• Complaint that an institution disclosed duplicate record in response to the same access request.
• Complaint that an institution responded earlier to your access request than it had to.
• Complaint about a refusal to disclose records when you informed the institution that you did not care about receiving them but are upset with the institution or wish to harm it.

The OIC will notify you and, as required, the institution and any other parties to the complaint of the Commissioner’s decision to refuse or cease to investigate your complaint.