Privy Council Office (Re), 2020 OIC 13
The complainant alleged that the Privy Council Office (PCO) failed to respond to an access request within the statutory time limits. The request sought minutes of the Joint Intelligence Committee from 1968. PCO claimed an extension, partly for consultations, but then closed the file under its 'no late file' policy when consulted institutions did not respond by the deadline. The OIC found that the Act does not permit an institution to cease processing a request due to delayed consultations, concluding that PCO was in deemed refusal under subsection 10(3) of the Act. The Information Commissioner recommended PCO respond to the request and revoke its 'no late file' policy. PCO agreed to revoke the policy and committed to responding by a revised date.
- 1Whether the institution responded to the access request within the time limits set out in the Access to Information Act
- 2Whether the institution was authorized to close the file due to delayed responses from consulted institutions
- 3Whether the institution was in deemed refusal pursuant to subsection 10(3) of the Act
- Timeliness / deemed refusal: Deemed refusal found
- Consultation policy: Policy found to be improper
- Response to request: Institution agreed to respond
- Policy revocation: Institution agreed to revoke policy
Complaint well founded — disclosure ordered and policy revoked
The institution's 'no late file' policy and its decision to cease processing the request due to delayed consultations were found to be contrary to the Access to Information Act, which does not authorize such actions. This resulted in a deemed refusal.
The Information Commissioner recommended that the Privy Council Office respond to the access request and revoke or revise its 'no late file' policy to ensure compliance with the Act. PCO committed to revoking the policy and responding to the request.
- s.10(3) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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