BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/Privy Council Office (Re), 2020 OIC 11
Office of the Information Commissioner of CanadaAccess to Information Act2020 OIC 11Well-founded
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Privy Council Office (Re), 2020 OIC 11

Organization: Privy Council Office
Decision: Oct 14, 2020Published: Oct 14, 2020

The complainant alleged that the Privy Council Office (PCO) failed to respond to an access request for minutes of the Joint Intelligence Committee from 1957 to 1958 within the statutory time limits. PCO claimed an extension and consulted other institutions, but failed to respond when recommendations were not received by the deadline, citing a “no late file” policy. The OIC found that the Act does not permit such a failure to respond and that PCO was in deemed refusal.

  • Timeliness of response to access request
  • Proper application of time extensions
  • Effect of "no late file" policy on ATIA obligations

Complaint well founded — Order issued

The OIC concluded that PCO was in deemed refusal as the Access to Information Act does not authorize failing to respond to a request simply because recommendations from consulted institutions were not received by the deadline.

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Recommended action / remedy

The OIC recommended that PCO respond to the access request by October 31, 2020, and revise its policy to comply with the Act.

Statutory provisions cited
  • s.10(3) ATIA

This is an informational summary and not legal advice.