
5821-03023 — Canadian Security Intelligence Service and Royal Canadian Mounted Police
The complainant alleged that the Canadian Security Intelligence Service (CSIS) failed to respond to an access request within the time limits set out in the Access to Information Act. The request sought records pertaining to specific operational reviews concerning co-operation between CSIS and the Royal Canadian Mounted Police (RCMP). CSIS claimed a 240-day extension, which the OIC previously found to be valid, setting the due date for May 31, 2021. However, CSIS failed to respond by this extended deadline. The OIC found that CSIS was in deemed refusal, noting that the delay was partly due to outstanding consultations with the RCMP and operational challenges from the COVID-19 pandemic. Despite CSIS's stated intention to process records without further delay, it proposed an additional month beyond the RCMP's consultation timeline. The Commissioner concluded that CSIS had not adequately addressed the delay and ordered the institution to complete processing and provide a response within 36 business days.
- 1Whether CSIS failed to respond to an access request within the time limits
- 2Whether CSIS was in deemed refusal pursuant to subsection 10(3) of the Act
- Timeliness / deemed refusal: Deemed refusal found
- Processing delay: Further processing ordered
Complaint well founded — disclosure ordered
CSIS failed to respond to the access request by the extended due date of May 31, 2021, placing it in deemed refusal under subsection 10(3) of the Act. The institution's explanations for the delay, including consultation issues with the RCMP and COVID-19 operational challenges, were deemed insufficient to justify the prolonged lack of response.
The Minister of Public Safety and Emergency Preparedness is ordered to complete the processing of the access request and provide a response to the access request by no later than 36 business days after the date of the Final Report.
- s.9(1)(b) ATIA
- s.10(3) ATIA
- s.36.1(1) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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