Longer Extensions Under FIPPA
Subsection 15(1) of FIPPA permits a public body to extend the 45-day time limit for responding to an access application for up to an additional 30 days, or for a longer period if the ombudsman agrees. If the public body has determined that responding to the request will require more than a total of 75 days, the public body may ask the ombudsman for a longer extension.
When asking for a longer extension, the public body must:
- identify the clause(s) under subsection 15(1) of FIPPA that would permit an extension to be taken and explain how the clause applies to the request
- identify the amount of time being sought by the longer extension and explain why the additional time is needed
- have time remaining within its 45-day time limit or within its extended time limit (if an extension of up to an additional 30 days has already been taken)
For further information about requesting a longer extension, please refer to our practice note, Making a Submission to the Ombudsman for an Extension Longer Than 30 Days Under The Freedom of Information and Protection of Privacy Act.
To make a submission to our office seeking a longer extension, complete the Form for Making a Submission to the Ombudsman for an Extension Longer Than 30 Days Under FIPPA:
- the form can be submitted online, or
- filled out and submitted by fax or email (download the fillable pdf form). Note: If you are unable to open the fillable pdf form in your browser, please right click on the link, save the file to your computer and open it with Adobe Reader or Acrobat.
Our office will review the public body’s submission and may ask the public body for additional information or documentation to assist in determining whether the clause being relied upon is applicable and/or whether the additional time requested is reasonable in the circumstances. We will provide our decision about the submission in a letter to the public body.
To allow enough time for our office to consider and respond to the submission, submissions that are provided with less than three business days prior to the expiry of the public body’s time limit (or extended time limit) may not be considered. Submissions received after the public body’s time limit (or extended time limit) for responding has expired cannot be considered.