Privy Council Office (Re), 2020 OIC 12
The complainant alleged that the Privy Council Office (PCO) failed to respond to an access request for minutes of the Joint Intelligence Committee from 1971 within the statutory time limits. PCO cited its "no late file" policy as the reason for closing the file when consultations with other institutions were not completed on time. The Information Commissioner found that PCO's failure to respond constituted a deemed refusal under the Act.
- Failure to respond within ATIA time limits
- Validity of "no late file" policy
- Deemed refusal under subsection 10(3) of the ATIA
Complaint well founded — PCO ordered to respond to the access request.
The Information Commissioner determined that the Access to Information Act does not permit an institution to fail to respond to a request simply because it has not yet received recommendations from other consulted institutions. PCO's actions constituted a deemed refusal.
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The Clerk of the Privy Council was recommended to take the necessary steps to respond to the access request by November 16, 2020 and to revoke or revise its policy to ensure compliance with the Act.
- s.10(3) ATIA
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