Treasury Board of Canada Secretariat, Access to Information

Request under the Access to Information Act — decisions of the Treasury Board under subsection 11(4) of the RCMP Superannuation Act, 2000 to 2026 — with a request for a fee waiver under subsection 11(2)

Hello,

I make this request under section 6 of the Access to Information Act. I am a person present in Canada and entitled to make this request under subsection 4(1) of the Act as extended by the Access to Information Act Extension Order, No. 1.

CONTEXT.

Subsection 11(4) of the Royal Canadian Mounted Police Superannuation Act entitles a contributor compulsorily retired from the Force by reason of misconduct to a return of contributions, and to any further benefit only in the discretion of the Treasury Board. Subsection 11(10) does the same for members not holding a rank. On 23 September 2026 the Treasury Board of Canada Secretariat wrote to me that "neither the Treasury Board nor the President of the Treasury Board has authority under the PSSA to reduce or withhold a public servant's pension benefit because the person was dismissed for misconduct." This request is separate from file A-2026-00378, which asks for the records behind the repeal of 1999. The records below concern how the RCMP rule has been applied and assessed.

RECORDS REQUESTED.

Period: 1 January 2000 to the date this request is received, unless an item says otherwise.

1. Every decision of the Treasury Board under paragraph 11(4)(b) or 11(10)(b) of the Royal Canadian Mounted Police Superannuation Act, with the submission it decided, personal information severed under section 19.

2. Records that show, by fiscal year, the number of such decisions and the outcome of each: the whole benefit, a part of it, or none.

3. Briefing notes, memoranda and analyses prepared on or after 1 January 2000 for the President of the Treasury Board, the Secretary of the Treasury Board or the Chief Human Resources Officer on subsection 11(4) or 11(10) of the Royal Canadian Mounted Police Superannuation Act. The same for any paper on extending a comparable rule to the Public Service Superannuation Act.

4. The records that identify, by name and title, the author of the message sent to me on 23 September 2026 from the Pension Policy and Programs mailbox ([email]), and every draft of that message.

5. For each item above for which no responsive record exists, a statement to that effect, item by item, naming the officer who conducted the search, in accordance with the duty to assist in subsection 4(2.1) of the Act.

FEE.

I ask that the application fee be waived under subsection 11(2). The records concern the public interest in the accountability of federal officeholders, and my income is social assistance. If the fee is not waived, give the decision under subsection 11(2) in writing, with reasons and the name and title of the officer who made it.

DELIVERY.

By email, to this address. Confirm receipt with the file number and the date of receipt under section 7.

Respectfully,
Danilo Dzyuban

Re: RE: Request under the Access to Information Act — decisions of the Treasury Board under subsection 11(4) of the RCMP Superannuation Act, 2000 to 2026 — with a request for a fee waiver under subsection 11(2)

Hello,

This answers the message of 24 September 2026 from the Intake Unit on my request of the same day.

THE MESSAGE IS THE MESSAGE OF 9 SEPTEMBER, WORD FOR WORD.

The 108 words sent today are the 108 words the Intake Unit sent on 9 September 2026 on file A-2026-00378, from "Please be advised" to "pending receipt of the application fee". They include the sentence "Further to our recent correspondence". On this request there was no correspondence. The request arrived at 06:39 UTC and the message came at 14:59 UTC. A text written for another file, sent unchanged 8 hours after a new request arrived, records no review of the circumstances of this request.

WHAT THE REQUEST ASKED FOR AND WHAT THE MESSAGE OMITS.

The request asked for 3 things in writing: a decision under subsection 11(2) with reasons and the name and title of the officer who made it; the file number; and the date of receipt under section 7. The message contains no file number, no date of receipt, no reason, no name and no decision under subsection 11(2). The word waiver does not appear in it. The discretion in subsection 11(2) stands unexercised while the fee is demanded.

THE ACT CONFERS NO POWER TO HOLD A REQUEST.

Section 7 runs "within 30 days after the request is received", subject to sections 8 and 9. The reference to section 11 was removed from section 7 by S.C. 2019, c. 18, s. 6.2. The only suspension in the Act is subsection 6.1(1.2), and it requires an application to the Information Commissioner. The Secretariat received the request on 24 September 2026. The period under section 7 ends on 24 October 2026, and a message that names no provision does not move it.

THE SECRETARIAT'S OWN RULE.

On 23 September 2026 the Secretariat wrote to me, on pension law: "Authority to reduce or withhold such benefits cannot be inferred where the legislation does not provide it." The Access to Information Act does not provide a power to hold a request for a fee. The rule the Secretariat states for pensions applies to its own Intake Unit.

THIS IS THE THIRD FILE.

File A-2026-00329 is before the Information Commissioner as complaint 5826-03516. File A-2026-00378 went to the Commissioner on 23 September 2026 on the same conduct. The request of 24 September is the third file held by the same unit with the same sentence. It goes to the Commissioner today under paragraphs 30(1)(b) and 30(1)(f), with the 2 messages side by side.

WHAT THE SECRETARIAT IS TO DO BY 1 OCTOBER 2026.

1. Produce the decision under subsection 11(2) on the request of 24 September 2026, in writing, with reasons and the name and title of the officer who holds the delegated authority under subsection 95(1).

2. State the file number and the date of receipt under section 7.

3. Name the provision under which a request is held "on hold" pending a fee. If there is none, confirm that the period under section 7 ends on 24 October 2026.

If no response is given by 24 October 2026, the request is deemed refused under subsection 10(3), and a complaint under paragraph 30(1)(a) follows on 25 October 2026.

Respectfully,
Danilo Dzyuban