Federal (Canada)Access to Information ActWell-founded

5820-03982 — Public Services and Procurement Canada

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

The complainant alleged that Public Services and Procurement Canada (PSPC) improperly processed an access request for a list of COVID-19 related contracts, specifically claiming the institution concealed records. The Office of the Information Commissioner (OIC) investigated the processing of the request, noting that a separate investigation had already found PSPC's delay in responding to be well-founded. This investigation focused on whether PSPC obstructed the right of access by concealing records. The OIC found that PSPC's internal processes, such as grouping requests and issues with obtaining records from the office of primary interest (OPI), led to significant delays. While acknowledging serious failures in processing, the Commissioner found no evidence of intent to conceal records or commit an offense under section 67.1 of the Act. The complaint was ultimately found to be well founded due to PSPC's failure to provide timely access and assist the requester.

Key issues
  1. 1Whether PSPC processed the access request in accordance with the Access to Information Act
  2. 2Whether PSPC obstructed the right of access by concealing records
  3. 3Whether PSPC met its obligations under subsection 4(2.1) of the ATIA to assist the requester and provide timely access
  4. 4Whether there was evidence of an offense under subsection 67.1(1) of the ATIA (obstructing right of access)
Outcome breakdownFavours: Both, in part
  • Concealment of records: No evidence of intent to conceal records
  • Timeliness of response: Complaint well-founded due to delay
  • Duty to assist: Complaint well-founded due to failure to assist
Outcome

Complaint well founded

Reasoning

The complaint was well founded because PSPC failed to meet its obligation under subsection 4(2.1) of the ATIA to assist the requester and provide timely access to records. Internal processing issues, including delays in obtaining records from the OPI and grouping of requests, contributed to a significant delay. However, the Commissioner found no evidence of intent to conceal records or commit an offense under section 67.1.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Statutes considered
  • s.4(2.1) ATIA
  • s.67.1(1) ATIA

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

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