Information Commissioner of Canada

The letter · 6 October 2026

Complaint under section 30 of the Access to Information Act - Privy Council Office - files A-2026-00667 and A-2026-00655 - fee waiver refused without reasons, requests held until payment

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. It raises on 2 more files the allegations the Commissioner is investigating on complaint 5826-04485, file A-2026-00581, under the notice of 5 October 2026.

THE REQUESTS.

File A-2026-00655. Request of 29 September 2026 on the communications of the Government of Canada with the King and the Royal Household after the calls of the United States for Canada to become its 51st state. The institution recorded 29 September 2026 as the date of receipt.

File A-2026-00667. Request of 4 October 2026 on the strategy of Canada against the economic pressure of the United States. The institution recorded 24 September 2026 as the date of receipt, 10 days before the request was made.

Each request asked for a waiver of the application fee under subsection 11(2).

THE INSTITUTION'S CONDUCT.

On 5 October 2026 the Deputy Director, Access to Information and Privacy, sent 2 messages, 21 minutes apart, in the same words. Each states that the fee waiver "has not been approved", names David Neilson, Executive Director, as the delegated authority who denied it, and gives no reason and no criterion. Each states that the request "is not considered complete until the prescribed $5 application fee has been received" and that "the statutory timeline will not commence, until payment has been received."

GROUND.

Paragraph 30(1)(b). A refusal of a waiver under subsection 11(2) is a discretion, and a discretion exercised without a reason cannot be tested. The same Office gave the same refusal in the same words on file A-2026-00581, now under investigation.

Paragraph 30(1)(f). Section 7 is subject to sections 8 and 9. Its reference to section 11 was removed by S.C. 2019, c. 18, s. 6.2. The one suspension in the Act is subsection 6.1(1.2), and the institution has made no application under it. Holding a registered request until payment fails the duty in subsection 4(2.1).

THE DOCUMENTS.

Attached are the 2 original messages of 5 October 2026. Each quotes my request in full, with its date.

WHAT THE COMMISSIONER IS TO DO.
1. Investigate both files under paragraphs 30(1)(b) and 30(1)(f), and join them with complaint 5826-04485.
2. Order the head under section 36.1 to waive the application fee on both files under subsection 11(2), or to refund it if it is paid while the complaint is open.
3. Find that the 30 days under section 7 run from the date of receipt on each file, and order the institution to correct the date of receipt on file A-2026-00667 to 4 October 2026.

The language of the file is English. Send every report and letter by email to [email]. Send the OIC file number by 16 October 2026. A report that leaves the refusal in place goes to the Federal Court under section 41.

This exchange goes into the public record at https://dzyuban.com/legal/record/requests/

Respectfully,

Danilo Dzyuban
Attachments: PCO-A-2026-00667-2026-10-05.eml, PCO-A-2026-00655-2026-10-05.eml