Public Services and Procurement Canada (Re), 2021 OIC 12
The complainant alleged that Public Services and Procurement Canada (PSPC) failed to respond to an access request for COVID-19 related contracts within the statutory time limit. PSPC cited pandemic measures as a reason for the delay. The Information Commissioner found that institutions cannot suspend access request processing due to the pandemic and that PSPC failed to respond within the required timeframe. Therefore, the complaint was deemed well-founded, and PSPC is considered to have refused access.
- Failure to respond within the statutory time limit
- Justification for delay due to pandemic measures
- Application of subsection 10(3) of the ATIA (deemed refusal)
Complaint well founded
The institution failed to respond to the access request within the time limit set out in section 7 of the Access to Information Act and did not claim a valid extension of time. Pandemic measures do not justify suspending the processing of access requests.
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- s. 7 ATIA
- s. 10(3) ATIA
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