Privy Council Office (Re), 2020 OIC 14
The complainant alleged that the Privy Council Office (PCO) failed to respond to an access request for minutes of the Joint Intelligence Committee from 1962 within the statutory time limits. PCO claimed an extension and then closed the file, stating it had not received recommendations from other government institutions, based on its “no late file” policy. The Information Commissioner found that the Act does not authorize this reason for non-response and that PCO was in deemed refusal.
- Failure to respond to an access request within the statutory time limits
- Validity of PCO's "no late file" policy
- Application of subsection 10(3) of the Access to Information Act (deemed refusal)
Complaint well founded — PCO ordered to respond to the access request and revise its policy
The Commissioner found that PCO's policy of closing a file due to not receiving recommendations from other institutions was not authorized by the Act, resulting in a deemed refusal. PCO committed to responding to the request and revoking its policy.
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The Commissioner recommended that the Clerk of the Privy Council take the necessary steps to respond to the access request by November 16, 2020 and revoke or revise its current policy so that the processing of all requests are in accordance with its obligations under the Act.
- s.10(3) ATIA
This is a summary of a decision by the Office of the Information Commissioner of Canada and is for informational purposes only. It is not legal advice.