Federal (Canada)Access to Information ActNot well-founded

Innovation, Science and Economic Development Canada (Re), 2021 OIC 8

Organization: Innovation, Science and Economic Development CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Innovation, Science and Economic Development Canada (ISED) took an unreasonable extension of time to respond to an access request related to the Competition Bureau’s bread price-fixing investigation. ISED claimed a 1,460-day extension under paragraph 9(1)(a) of the Access to Information Act, citing the large volume of records (over 75 million pages) and the need to search 100 terabytes of information. The OIC found that the request involved a large number of records and that meeting the 30-day deadline would unreasonably interfere with ISED's operations. The OIC also determined that ISED applied sufficient rigour in calculating the extension, considering the time needed by the program area and the Access to Information and Privacy Office, and the complexity of the records. Consequently, the OIC concluded that the 1,460-day extension was reasonable and justified. The complaint was not well founded, and the OIC invited ISED to consider disclosing completed packages of records as they become available.

Key issues
  1. 1Whether the request was for a large number of records or required searching through a large number of records under paragraph 9(1)(a)
  2. 2Whether meeting the 30-day deadline would unreasonably interfere with the institution’s operations under paragraph 9(1)(a)
  3. 3Whether the extension of time was for a reasonable period, given the circumstances, under paragraph 9(1)(a)
  4. 4Whether the institution validly claimed the extension of time by notifying the requester within 30 days
Outcome breakdownFavours: Institution
  • Extension of time: Extension upheld as reasonable
  • Justification for extension: Justification for 1,460-day extension upheld
  • Complaint validity: Complaint not well founded
Outcome

Complaint not well founded

Reasoning

The OIC found that ISED met all three requirements for claiming an extension of time under paragraph 9(1)(a) of the Access to Information Act: the request involved a large volume of records, responding within 30 days would unreasonably interfere with operations, and the 1,460-day extension was reasonable and justified given the circumstances.

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

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

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