Royal Canadian Mounted Police (Re), 2020 OIC 2
The Royal Canadian Mounted Police (RCMP) failed to respond to an access to information request for over two years, leading to a deemed refusal under the Access to Information Act. During the investigation, the RCMP provided insufficient information regarding the records or the processing of the request to establish a reasonable response date. Due to the continued lack of response, the Information Commissioner found the complaint to be well-founded. The Commissioner ordered the RCMP to respond to the access request within 10 business days from the effective date of the order. However, the RCMP ultimately responded to the request before the order officially came into effect.
- 1Whether the institution failed to respond to an access request within the statutory time limits (deemed refusal)
- 2Whether the institution provided sufficient information to justify the delay
- Timeliness / deemed refusal: Deemed refusal occurred
- Institutional response: Insufficient information provided by institution
- Complaint finding: Complaint well-founded
- Order to respond: Institution ordered to respond within 10 days
- Compliance with order: Institution responded before order effective
Complaint well founded — disclosure ordered
The RCMP failed to respond to the access request for over two years, resulting in a deemed refusal. The institution also failed to provide adequate information during the investigation to explain the delay or to establish a new response date.
The Commissioner ordered the Royal Canadian Mounted Police to respond to the access request within 10 business days from the day the order takes effect.
- s.10(3) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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