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Decisions/Federal (Canada)/Access to Information Act/Canadian Heritage (Re), 2020 OIC 10
Office of the Information Commissioner of CanadaAccess to Information Act2020 OIC 10Well-founded
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Canadian Heritage (Re), 2020 OIC 10

Organization: Canadian Heritage
Decision: Dec 16, 2020Published: Dec 16, 2020

The Information Commissioner investigated a complaint that Canadian Heritage (PCH) had suspended processing access requests due to the COVID-19 pandemic. PCH was unable to access its premises or systems from March 16, 2020, to July 10, 2020, resulting in a backlog of 224 requests. The Commissioner found the complaint well-founded, stating PCH's failure to respond breached requesters' rights under the Act.

  • Impact of COVID-19 pandemic on processing access requests
  • Institution's ability to access premises and remote systems
  • Failure to respond to access requests within statutory timelines

Complaint well founded

The institution's failure to respond to 224 access requests was not due to circumstances specified in subsection 9(1) of the Act, and therefore breached the requesters' rights of access.

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Recommended action / remedy

The Commissioner made six recommendations to the Minister of Canadian Heritage, who agreed to implement corrective measures.

Statutory provisions cited
  • s.30(1)(f) ATIA
  • s.9(1) ATIA

This is an informational summary and not legal advice.

Canadian Heritage (Re), 2020 OIC 10 | BreachOfPrivacy