Privy Council Office (Re), 2020 OIC 7
The complainant alleged that the Privy Council Office (PCO) failed to respond to an access to information request within the statutory time limits. The request, submitted in July 2016, sought records related to assistance for the 2016 Alberta fire disaster, involving approximately 9,100 pages. PCO initially claimed a 120-day extension but then put the request on indefinite hold for consultations, a practice not permitted by the Act. Despite the Information Commissioner's recommendation to provide a final response by June 1, 2020, PCO failed to meet this deadline, citing ongoing consultations and the impact of the COVID-19 pandemic. The Commissioner found the complaint to be well founded, noting that PCO was deemed to have refused access due to the delay. However, due to the complaint's filing date, the Commissioner lacked the authority to issue a binding order for disclosure.
- 1Whether the institution responded to the access request within the time limits set out in the Access to Information Act
- 2Whether the institution's indefinite 'hold' for consultations is permissible under the Act
- 3Whether the institution was deemed to have refused access under subsection 10(3) due to delay
- Timeliness / deemed refusal: Complaint upheld; deemed refusal occurred
- Extension validity: Indefinite hold not permitted
- Binding order authority: Commissioner lacked authority to order disclosure
Complaint well founded — no order issued due to lack of authority
The Privy Council Office failed to respond to the access request within the statutory time limits, including the extended due date, and placed the request on an indefinite hold for consultations, which is not permitted by the Act. This resulted in a deemed refusal of access under subsection 10(3).
The Information Commissioner recommended that the Privy Council Office process the remaining pages and provide a final response to the complainant.
- s.9(1)(a) ATIA
- s.9(1)(b) ATIA
- s.10(3) ATIA
- s.37(1) ATIA
- s.37(3.1) ATIA
- s.41 ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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