Federal (Canada)Access to Information ActWell-founded

Public Services and Procurement Canada (Re), 2021 OIC 12

Organization: Public Services and Procurement CanadaComplainant: Anonymous applicant
Plain-language brief

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 received the request on April 6, 2020, with a response due by May 6, 2020. PSPC stated that the delay was partly due to the request being placed on hold because of COVID-19 measures. However, the Information Commissioner has previously ruled that the pandemic does not justify suspending access request processing. The investigation found that PSPC did not respond by the deadline and did not claim an extension. PSPC finally responded on April 1, 2021, nearly a year after the initial deadline. The Commissioner concluded that PSPC failed to meet its obligations under the Access to Information Act, resulting in a deemed refusal.

Key issues
  1. 1Whether Public Services and Procurement Canada responded to the access request within the time limit set out in section 7 of the Access to Information Act
  2. 2Whether the COVID-19 pandemic justified suspending the processing of an access request
Outcome breakdownFavours: Applicant / complainant
  • Timeliness / deemed refusal: Deemed refusal found
  • Compliance with Act: Institution failed to meet obligations
Outcome

Complaint well founded

Reasoning

Public Services and Procurement Canada failed to respond to the access request within the statutory 30-day limit and did not claim a valid extension of time. The institution's justification of placing the request on hold due to COVID-19 measures was deemed invalid, as the Commissioner has previously stated that the pandemic does not permit suspending access request processing.

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Decision notes
Statutes considered
  • s.7 ATIA
  • s.10(3) ATIA

This summary is for informational purposes only and does not constitute legal advice.

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