Information Commissioner of Canada
Complaint on an extension of 90 days whose notice names the Privacy Commissioner; paragraphs 30(1)(a), (c) and (f).
The letter ·
Complaint under section 30 of the Access to Information Act - Statistics Canada - file A-2026-00120 - extension of 90 days by a notice that directs the complaint to the Privacy Commissioner
Hello,
This is a complaint under section 30 of the Access to Information Act against Statistics Canada, under paragraphs 30(1)(a), 30(1)(c) and 30(1)(f). I am self-represented.
The request.
On Saturday 29 August 2026 at 07:00 Ottawa time I made a request by email to [email]. It has 4 numbered items on sentencing outcomes by the sex of the accused in adult criminal court. They cover internal analyses controlling for offence category, prior record or plea; requests from other federal bodies for such an analysis, with the answers given; records explaining why the published tables carry no joint control for prior record and plea; and records of any decision not to publish such an analysis. Statistics Canada gives the date of receipt as 29 August 2026 and the file number as A-2026-00120. The 30 days under section 7 ended on 28 September 2026.
The notice.
On 28 September 2026 at 08:17 Ottawa time an ATIP Analyst sent a notice of extension. It reads: "An extension is required under 9(1)(b) of the ATIA for 90 days in order to carry out consultations with other federal departments that cannot be completed within the original legislated time limit."
The notice then states: "Please be advised that you are entitled to complain to the Office of the Privacy Commissioner concerning the processing of your request", with the address of that Office at 30 Victoria Street and its online form for privacy complaints. It contains no statement about the Information Commissioner.
It closes with the text of section 15 of the Privacy Act, under the heading "Extension of time limits", which limits an extension for consultations to "a maximum of thirty days". It is addressed to "Danilo Dzyudan".
Grounds.
1. Subsection 9(1) and paragraph 30(1)(a). A notice of extension "shall contain a statement that the person has a right to make a complaint to the Information Commissioner about the extension." This notice directs the complaint to the Privacy Commissioner, who has no jurisdiction under this Act, and closes with a provision of another statute that does not apply to this request. A notice that does not meet subsection 9(1) does not extend the time limit. The time limit ended on 28 September 2026, and from 29 September 2026 Statistics Canada is deemed under subsection 10(3) to have refused access.
2. Paragraph 30(1)(c). The notice names no department and no record that requires consultation. It gives no basis for 90 days. Items 1, 3 and 4 concern the institution's own analyses, tables and decisions. Only item 2 can involve another body, and the notice does not say that it does. An extension of 90 days for the whole request, on one unexplained sentence, is unreasonable.
3. Subsection 9(2) and paragraph 30(1)(f). An extension of more than 30 days requires notice to the Information Commissioner at the same time as the notice to the requester. The notice shows no copy to the Commissioner.
WHAT THE COMMISSIONER IS TO DO.
Investigate under paragraphs 30(1)(a), 30(1)(c) and 30(1)(f). Find that the notice of 28 September 2026 does not meet subsection 9(1) and that the time limit was not extended. Find that an extension of 90 days is unreasonable where the notice names no consultation and 3 of the 4 items concern the institution's own records. Under section 36.1, order the head of Statistics Canada to disclose the records, with a condition fixing the date. State in writing whether the Office received notice of this extension under subsection 9(2), and on what date. Send the file number to [email].
If the report under subsection 37(2) leaves the refusal in place, the matter goes to the Federal Court under section 41.
Attached in original form are the notice of 28 September 2026, the email that carried it, and my request of 29 August 2026.
Respectfully,
Danilo Dzyuban
Attachments: StatCan-A-2026-00120-notice-of-extension-2026-09-28.pdf, StatCan-email-2026-09-28-notice-of-extension.eml, Request-2026-08-29-to-StatCan.eml
No answer by 13 Oct