Federal (Canada)Access to Information ActWell-founded

Royal Canadian Mounted Police (Re), 2020 OIC 1

Organization: Royal Canadian Mounted PoliceComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that the Royal Canadian Mounted Police (RCMP) failed to respond to an access to information request within the statutory time limits. The request, submitted on July 3, 2018, had a due date of August 2, 2018. The RCMP was deemed to have refused access under subsection 10(3) of the Act as it did not respond or take an extension. Despite multiple requests from the OIC for information regarding the delay and a proposed disclosure date, the RCMP provided no rationale for the delay, only citing high volume and resource pressures. The OIC found that the responsive records were not voluminous or complex and had been in the RCMP's possession since July 2018. An initial report with an intended order was sent to the Minister, but before the order could be issued, the RCMP released the records. Consequently, the complaint was found to be well-founded, but no order was issued as the records were released.

Key issues
  1. 1Whether the institution responded to the access request within the statutory time limits
  2. 2Whether the institution was deemed to have refused access under subsection 10(3) of the Act
  3. 3Whether the institution provided adequate rationale for the delay in responding
  4. 4Whether the institution provided a reasonable disclosure date
Outcome breakdownFavours: Applicant / complainant
  • Timeliness / deemed refusal: Deemed refusal occurred
  • Complaint outcome: Complaint well-founded
  • Order issuance: No order issued due to records release
Outcome

Complaint well-founded — records released after intended order issued

Reasoning

The RCMP failed to respond to the access request within the statutory time limits and did not take an extension, leading to a deemed refusal. Despite the OIC's inquiries, the RCMP did not provide a reasonable explanation for the delay or a proposed disclosure date. The records were eventually released after the OIC issued an initial report with an intended order.

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Decision notes
Recommended action / remedy

The Royal Canadian Mounted Police released the requested records after the Office of the Information Commissioner issued an initial report with an intended order.

Statutes considered
  • s.10(3) ATIA
  • s.37(1) ATIA
  • s.36.1(4)(a) ATIA

This summary is for informational purposes only and does not constitute legal advice.

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