Information Commissioner of Canada
Complaint: the fee waiver refused without reasons and the clock under section 7 held.
The letter ·
Complaint under section 30 of the Access to Information Act - Privy Council Office - file A-2026-00581 - fee waiver refused without reasons, request held
Hello,
This is a complaint under section 30 of the Access to Information Act against the Privy Council Office, under paragraphs 30(1)(b) and 30(1)(f). I am self-represented.
On 8 September 2026 I asked the Office for its records on whether a strategic environmental assessment was required for 3 federal decisions on gene-edited plants, dated 18 May 2022, 3 May 2023 and 3 May 2024.
On 10 September 2026 the Office wrote that "the fee waiver request has not been approved" and that "the statutory timeline will not commence, until payment has been received." On 11 September 2026 it assigned file A-2026-00581 with a received date of 8 September 2026, and neither message gives a reason. The reasons were required in writing by 24 September 2026, and the Office has not answered.
Paragraph 30(1)(b): the refusal under subsection 11(2) states no reason. On the same plants and the same 3 decisions, Environment and Climate Change Canada (A-2026-00235) and the Canadian Food Inspection Agency (A-2026-00107) charged no fee. The Privy Council Office has refused the waiver on 5 files of this requester since 10 September 2026, each without a reason.
Paragraph 30(1)(f): section 7 runs "within 30 days after the request is received" since S.C. 2019, c. 18, s. 6.2 removed its reference to section 11, and the only suspension is subsection 6.1(1.2), on application to the Commissioner. On the Office's own date the period ends on 8 October 2026 and a deemed refusal under subsection 10(3) arises on 9 October 2026. The Office administers the Cabinet directive on strategic environmental assessment, and holding a 5-dollar fee against the record of its own directive breaches the duty to assist in subsection 4(2.1).
Investigate under paragraphs 30(1)(b) and 30(1)(f). Order the head under section 36.1 to decide the waiver in writing with reasons, or to waive the fee. Find that the period runs from 8 September 2026. Join this file with my complaints against the Office of 17 September 2026 (A-2026-00579) and 24 September 2026 (A-2026-00582).
Send the case number by 9 October 2026. After that date the file goes to the House of Commons ethics committee with environmental petition no. 0550.
Respectfully,
Danilo Dzyuban
Answer 5 Oct Answered.