Federal (Canada)Access to Information ActNot well-founded

Canadian Security Intelligence Service (Re), 2021 OIC 5

Organization: Canadian Security Intelligence ServiceComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that the Canadian Security Intelligence Service (CSIS) took an unreasonable time extension under paragraph 9(1)(b) of the Access to Information Act for consultations. CSIS justified a 240-day extension, citing the necessity of consulting with two other government institutions, the high classification and sensitivity of the records, the need for on-site review, and limited workplace access due to the pandemic. The Office of the Information Commissioner (OIC) found that CSIS made a serious effort to determine the extension's length based on the pandemic's realities. The OIC concluded that the time extension was reasonable given the circumstances and that CSIS met the three requirements for claiming such an extension. Therefore, the complaint was not well founded.

Key issues
  1. 1Whether the time extension taken under paragraph 9(1)(b) for consultations was reasonable
  2. 2Whether CSIS met the three requirements to claim the time extension
Outcome breakdownFavours: Institution
  • Time extension: Time extension upheld as reasonable
  • Consultation necessity: Consultation necessity upheld
  • Complaint status: Complaint not well founded
Outcome

Complaint not well founded

Reasoning

The OIC found that CSIS provided sufficient justification for the 240-day extension, demonstrating that consultations were necessary and could not be completed within 30 days, especially considering the sensitivity of the records and pandemic-related operational constraints.

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Decision notes
Statutes considered
  • s.9(1)(b) ATIA

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

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