BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/Royal Canadian Mounted Police (Re), 2020 OIC 1
Office of the Information Commissioner of CanadaAccess to Information Act5819-00733Well-founded
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Royal Canadian Mounted Police (Re), 2020 OIC 1

Organization: Royal Canadian Mounted Police
Decision: Jan 14, 2020Published: Jan 14, 2020

A requester alleged that the Royal Canadian Mounted Police (RCMP) failed to respond to an access to information request within the statutory time limit. The RCMP was deemed to have refused access as they did not respond by the due date. Although the RCMP cited high volume and resource pressures, the Commissioner found these reasons did not justify the delay, especially given the moderate volume of records. The complaint was found to be well-founded. An initial report with an intended order was issued, but the RCMP subsequently responded to the request, rendering the order moot.

  • Failure to respond within statutory time limits
  • Adequacy of reasons for delay
  • Assessment of record volume and complexity

Complaint well-founded

The RCMP failed to provide a response within the time limits set out in the Access to Information Act. The reasons provided for the delay were not considered adequate by the Commissioner, particularly given the volume and nature of the records involved. The complaint was resolved when the RCMP eventually provided a response to the requester.

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Recommended action / remedy

The RCMP was ordered to provide a final response to the request within 10 business days; however, this order became moot when the RCMP provided a response to the requester.

Statutory provisions cited
  • s.10(3) ATIA
  • s.37(1) ATIA
  • s.36.1(4)(a) ATIA
  • s.41 ATIA

This is an informational summary and not legal advice.