Information Commissioner of Canada
Supplement: the refusal of ESDC to waive the $5 fee, under paragraph 30(1)(b).
The letter ·
Re: Avis d’enquête en vertu de l’article 32 modifié - Amended notice of intention to investigate under section 32 - 5826-03149
Hello,
Danilo Dzyuban, complaint 5826-03149, Employment and Social Development Canada, access request A-2026-00439. This adds 1 document to the file: the decision ESDC sent me on 29 September 2026 at 14:53 UTC, signed by Matthew Schneider, Junior ATIP Officer. It is attached in full with its headers.
WHAT ESDC DECIDED.
ESDC refused the waiver applied for on 28 July 2026. It took 63 days. The reasons are 2 sentences. "We are unable to waive the $5.00 application fee based on public interest, as all access requests are submitted in the public interest." "While we are sympathetic to your financial circumstances, we are unable to make exceptions to this statutory requirement."
ESDC then states the condition: "Once payment is received, we will consider your request complete and will be able to proceed with processing it." Payment is by cheque or money order, by mail.
WHERE THE DECISION DEPARTS FROM THE ACT.
1. Subsection 11 (2) states that the head of the institution "may waive the requirement to pay a fee or a part of a fee under this section". ESDC writes that it is "unable to make exceptions". An institution that declares itself unable to use a power Parliament gave it has made no decision under subsection 11 (2).
2. The reason given applies to every request ever made. On that reasoning subsection 11 (2) can never be used. ESDC has replaced the discretion with a blanket rule.
3. The decision is signed by a Junior ATIP Officer. The power belongs to the head and passes to an officer only by order under subsection 95 (1). ESDC has produced no such order.
4. ESDC holds the request until payment. Section 7 gives 30 days from the day the request is received and is subject to sections 8 and 9 only. The fee does not stop that period. ESDC received the request on 28 July 2026 and has given it the number A-2026-00439.
5. ESDC did not answer the 3 questions of 23 September 2026 about the attachment it lost: the date, the officer and the authority.
WHAT IS REQUIRED BY 14 OCTOBER 2026.
1. Add the refusal of 29 September 2026 to investigation 5826-03149 under paragraph 30 (1) (b), and confirm that in writing.
2. Obtain from ESDC the delegation order under subsection 95 (1) that covers subsection 11 (2). Obtain the name and title of the person who decided the waiver.
3. Reopen the allegation closed on 17 September 2026. ESDC has registered the request and makes processing wait for payment. The 30 days under section 7 ran out on 27 August 2026.
4. Name the investigator assigned to the file.
After the Commissioner's report the matter goes to the Federal Court under section 41.
Respectfully,
Danilo Dzyuban
Attachments: OIC-5826-03149-ESDC-decision-2026-09-29.pdf
No answer by 14 Oct