Canadian Heritage (Re), 2020 OIC 10
The Information Commissioner initiated a complaint against Canadian Heritage (PCH) after reports indicated the institution had suspended processing access requests due to the COVID-19 pandemic. The investigation revealed that PCH's Access to Information and Privacy Secretariat could not access its work premises or departmental network remotely between March 16, 2020, and July 10, 2020. This resulted in a backlog of 224 access requests. The Commissioner found that PCH's failure to respond to these requests was not justified by any of the circumstances outlined in subsection 9(1) of the Act, thereby breaching requesters' quasi-constitutional rights of access. The complaint was deemed well-founded, and the Commissioner made six recommendations to the Minister of Canadian Heritage, who agreed to implement corrective measures.
- 1Whether the institution's suspension of access request processing constituted a breach of the Access to Information Act
- 2Whether the institution's failure to respond to requests was justified under subsection 9(1) of the Act
- Timeliness of response: Breach of Act found due to suspension of processing
- Justification for delay: Institution's reasons for delay not justified under Act
- Complaint outcome: Complaint well-founded
- Recommendations: Six recommendations made to institution
- Corrective measures: Institution agreed to implement corrective measures
Complaint well founded — corrective measures agreed
Canadian Heritage's failure to process 224 access requests during the specified period was not based on any of the circumstances set out in subsection 9(1) of the Access to Information Act, thus breaching requesters' rights of access.
The Commissioner made six recommendations to the Minister of Canadian Heritage, who agreed to take corrective measures to ensure the institution meets its obligations under the Act.
- s.9(1) ATIA
- s.30(1)(f) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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