Frequently Asked Questions (FAQs)
1. Is there anything wrong with my application that is under processing with IRCC?
A. This extension has no bearing on your existing application (if it is under processing). The GCMS notes are processed and released under the Access to Information Act, by the ATIP division of IRCC. Whereas, the processing of your application is done under the Immigration and Refugee Protection Act, by a different division of IRCC. Requesting GCMS notes and the processing of your application are not interrelated and one has no impact on the other.
2. When will I get my notes?
A. The extension is for 90 days beyond the statutory 30 days limit, i.e. a total of 120 days from the day the request was filed. An extension of 90 days does not necessarily mean that you have to wait for another 90 days to receive your GCMS notes. It merely means that IRCC was unable to release the GCMS notes within the statutory time frame of 30 days and needs additional time, up to a maximum of 90 days beyond the statutory 30 days limit to release your GCMS notes.
The time frame as per the law (section 7 of the Access to Information Act) is 30 days from receiving the request for information. However, this time frame is subject to section 9 extensions that IRCC can seek, which they have done in your case.
3. Can you provide a precise date when I will receive my GCMS notes?
A. Unfortunately, we cannot provide a specific date, as IRCC does not provide one. Your notes can be released anytime from now until the expiry of the extension period. As soon as your GCMS notes are released we will promptly transmit them to you.
4. Am I the only one who has received this extension?
A. The extension notices are sent on a case by case basis. Not every request receives an extension. However, the extensions could also be due to the recent COVID-19 emergency, due to which many IRCC offices across the globe are working with limited capacity.
5. Someone I know applied from another website and received their GCMS notes within 30 days, why is GET GCMS only receiving extensions?
A. In any given month we file a few hundred requests for GCMS notes with IRCC. Not all requests are subject to extension notices. We are releasing GCMS notes everyday, and many of them are released within 30-35 days. We at GET GCMS, provide the best services in the industry, we are in complete compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and provincial Privacy laws. As soon as we receive an extension notice, we inform the Office of the Information Commissioner. While we cannot comment on individual cases, IRCC has to release the GCMS notes without regard to the requestor's identity, which is clearly mentioned in IRCC's ATIP "Principles of assisting applicants," available here. While the validity of the extensions is still under consideration by the OIC, we cannot say anything more on this issue. The office of the Information Commissioner has already announced a systematic enquiry into the delays. As soon as a decision is made, we will inform you and also publish it on our website.
6. Why are these notices being sent?
A. Starting September 2019, IRCC started sending such notices. The most common reason seems to be and what we have been informed by the Office of the Information Commissioner is the sheer volume of requests being filed and IRCC's inability to respond to them. However, this was resolved in January 2020. These recent notices are most likely due to the COVID-19 emergency.
7. Can IRCC seek more time or send another extension?
A. No, IRCC cannot take any more time or send another extension notice. Any extension that has to be sought, a notice for the same has to be sent within 30 days of receiving the request for information. IRCC is obligated to release the GCMS notes within a maximum of 120 days from the date the request was filed. No further extensions can be sought.
8. Why did you not inform me earlier that such extensions can be sought?
A. The FAQ page on our website, as well as the email we send out clearly states that IRCC may seek additional time, which is done on a case by case basis. We cannot predict which requests will be subject to extension notices.
9. Are these extensions lawful and can IRCC seek so much time to release the GCMS notes?
A. This is a complicated question. Simply put, yes, IRCC can seek extensions on a case by case basis under section 9 of the Access to Information Act. However, the reason why IRCC has sought to seek an extension is not justified as per our analysis detailed below:
The law regarding extensions is very clear and the current extensions sought by IRCC are invalid and unreasonable. The Federal Court of Appeal in its decision in Canada (Office of the Information Commissioner) v. Canada (National Defence), clarified that section 9 extensions can be “avail[d] [….] subject to certain conditions. One such condition is that the period taken be reasonable when regard is had to the circumstances set out in paragraphs 9(1)(a) and/or 9(1)(b). If this condition is not satisfied, the time is not validly extended with the result that the 30-day time limit imposed by operation of section 7 remains the applicable limit.”
Further, the Office of the Information Commissioner in its investigation guidance and reports has clarified that extensions to compensate for lack of resources, high workloads, extended staff absences or unavailability of key officials, poor information management practices within the institution, and protracted approval processes, as identified by OIC in multiple reports, are not grounds for which extensions can be sought.
Also, the Office of the Information Commissioner while dealing with the extensions in the above mentioned National Defence case had recommended, that before any extensions “longer than 60 days be available only with the permission of the Information Commissioner where reasonable or justified in the circumstances and where the requested extension is calculated with sufficient rigour, logic and support to meet a reasonableness review.”
Given that the request for information pertains to applications filed and stored electronically with IRCC, these extensions are neither justified nor reasonable as they do not pertain to "large number of records or necessitates a search through a large number of records." No prior permission from the Office of the Information Commissioner has been sought for these extensions either.
10. What is GET GCMS doing to expedite the release of GCMS notes?
A. All extensions are notified by us to the Office of the Information Commissioner. However, the OIC has not yet decided on whether these extensions are valid and justified under section 9. On March 11, 2020, the office of the Information Commissioner has already announced a systematic enquiry into the delays before the Canadian Parliament. After the investigation concludes, OIC will submit its report to the Parliament.
We were called upon to participate in the investigation, which we are and are also following up with OIC on this matter. If a decision is reached, we will inform you. If the extensions are invalidated, IRCC will be obligated to release the GCMS notes immediately, if not, then the extension will continue to operate. To read more on how OIC works and investigates, click here.
11. Do I have another legal remedy?
A. Yes, only after OIC has concluded the investigation (see Q 9), you can challenge the decision of delay or non release of your GCMS notes before the federal court under section 41 of the Access to Information Act, which states:
Any person who has been refused access to a record requested under this Act or a part thereof may, if a complaint has been made to the Information Commissioner in respect of the refusal, apply to the Court for a review of the matter within forty-five days after the time the results of an investigation of the complaint by the Information Commissioner are reported to the complainant under subsection 37(2) or within such further time as the Court may, either before or after the expiration of those forty-five days, fix or allow.
12. What can I do to get processing details of my application currently in progress (only for PR applications)?
A. You can call IRCC, send a Case Specific Enquiry (webform), or an email, depending on where your application is being processed.
13. Can I request CBSA notes and obtain the same information?
Yes, you may consider requesting CBSA notes, however, lately CBSA has also sought 120 days extensions in addition to the 30 days processing time frame for requests placed in early March, 2020.