Information Commissioner of Canada

The letter · 6 October 2026

Complaint under section 30 of the Access to Information Act - Department of Finance Canada - request of 4 October 2026 on counter-tariffs - fee waiver refused, request not registered until payment

Hello,

This is a complaint under section 30 of the Access to Information Act against the Department of Finance Canada, under paragraphs 30(1)(b) and 30(1)(f). I am self-represented.

THE REQUEST.

On 4 October 2026 I made a request by email to [email] for 6 items of records on the counter-tariffs of Canada on goods of the United States: the selection of the 629 tariff items effective 8 September 2026, the assessed effect of the counter-tariffs, the policy and decisions on remission of surtaxes, a record of each remission granted, the decisions to remove or reduce counter-tariffs, and the countermeasures considered other than surtaxes. The request asked for a waiver of the application fee.

THE INSTITUTION'S CONDUCT.

On 5 October 2026 the Manager, Access to Information and Privacy, refused the waiver. The Department "has determined that there are insufficient grounds to exercise its discretion", because "no additional information has been provided to support your claim that you are unable to pay", and the public interest "does not, in the circumstances, justify waiving the fee". The Department "will be unable to register and process your access request until the required $5 application fee has been received." It assigned no file number and recorded no date of receipt.

GROUND.

Paragraph 30(1)(b). The records concern public revenue of 9.7 billion dollars assessed on imports from the United States, of which 5.5 billion dollars was remitted. The Department named no criterion of public interest and stated no reason why this one fails it. On requests of the same weeks, the Department of National Defence wrote on 5 October 2026 that it "does not charge fees for requests", and Employment and Social Development Canada, Health Canada, Immigration, Refugees and Citizenship Canada and Environment and Climate Change Canada waived the fee under subsection 11(2).

Paragraph 30(1)(f). The Act gives no power to refuse registration of a request until a fee is paid. Section 7 is subject to sections 8 and 9, and its reference to section 11 was removed by S.C. 2019, c. 18, s. 6.2. The 30 days run from 4 October 2026. A request held without a file number and without a date of receipt fails the duty in subsection 4(2.1).

THE DOCUMENTS.

Attached is the original message of 5 October 2026. It quotes my request in full, with its date.

WHAT THE COMMISSIONER IS TO DO.
1. Investigate under paragraphs 30(1)(b) and 30(1)(f).
2. Order the head under section 36.1 to waive the application fee under subsection 11(2), or to refund it if it is paid while the complaint is open.
3. Order the Department to register the request with 4 October 2026 as the date of receipt and to give its file number.

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: FIN-fee-waiver-refusal-2026-10-05.eml