Extending the deadline

If you plan to extend the deadline, you must give the individual written notice of the length of the extension and the reason for it — no later than 30 days after receiving the original request.

In limited circumstances, a service provider may advise the individual they are extending the deadline for responding to an access request by not more than 90 calendar days.

An extension is allowed only if:

  • responding within 30 days would unreasonably interfere with your operations because the request involves numerous pieces of information or requires a lengthy search or
  • an assessment of the individual’s right of access is not feasible within the 30 days108

If you plan to extend the deadline, you must give the individual written notice of the length of the extension and the reason for it — no later than 30 days after receiving the original request.109 You must then provide a full response, granting and/or refusing access, within the extended time limit. Otherwise, you are deemed to have refused the request.110 People are entitled to file a complaint with the IPC for any refusal of an access request, including a deemed refusal. They can also complain about the time extension itself. For example, if they don’t agree their access request meets the criteria for an extension under Part X.111

 

108. CYFSA, s. 314(3)
109. CYFSA, s. 314(4)
110. CYFSA, s. 314(7)
111. CYFSA, s. 314(3)