BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/Privy Council Office (Re), 2020 OIC 7
Office of the Information Commissioner of CanadaAccess to Information Act3218-00618Well-founded
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Privy Council Office (Re), 2020 OIC 7

Organization: Privy Council Office
Decision: Sep 11, 2020Published: Sep 11, 2020

The complainant alleged that the Privy Council Office (PCO) failed to respond to an access to information request within the statutory time limits. PCO had claimed an extension and then placed the request on hold for consultations, which it conducted over several years. The Commissioner found the complaint well-founded, as PCO's indefinite hold on the request had no provision in the Act. The Commissioner recommended PCO provide a final response by June 1, 2020, but PCO failed to meet this deadline, citing the COVID-19 pandemic's impact on consultations. As the complaint was filed before recent amendments, the Commissioner's jurisdiction was limited to making recommendations.

  • Timeliness of response
  • Indefinite hold on request for consultations
  • Impact of COVID-19 pandemic on processing
  • Commissioner's jurisdiction and remedies

Complaint well founded

The institution failed to respond within the statutory time limits and improperly placed the request on an indefinite hold. While the institution cited external factors like COVID-19 for missing a recommended deadline, the initial delay was not justified under the Act.

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Recommended action / remedy

The Commissioner recommended that PCO process the remaining pages and provide a final response to the complainant no later than June 1, 2020.

Statutory provisions cited
  • s.9 ATIA
  • s.10(3) ATIA
  • s.37(1) ATIA
  • s.37(3.1) ATIA
  • s.41 ATIA
  • s.43 ATIA

This is an informational summary only and not legal advice.