BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5820-03982 — Public Services and Procurement Canada
Office of the Information Commissioner of CanadaAccess to Information Act5820-03982Well-founded
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5820-03982 — Public Services and Procurement Canada

Organization: Public Services and Procurement Canada
Decision: Mar 4, 2022Published: Mar 4, 2022

The complainant alleged that Public Services and Procurement Canada (PSPC) obstructed their right of access by unduly delaying the processing of a request for COVID-19 pandemic contracts. The investigation found significant failures in PSPC's processing, including grouping requests incorrectly and poor record management by the office of primary interest, leading to a year-long delay. While the delay was found to be a failure to provide timely access, there was insufficient evidence to support the allegation of intent to conceal records.

  • Timeliness of access request processing
  • Obligation to assist requesters
  • Allegations of obstruction and concealment of records
  • Proper handling of access requests by offices of primary interest

Complaint well founded

PSPC failed to provide timely access to the requested records due to significant processing delays and mismanagement by its office of primary interest. Although the OIC investigated allegations of concealment, there was insufficient evidence to find an offence occurred under section 67.1 of the Act.

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Recommended action / remedy

The Commissioner found the complaint to be well-founded due to the institution's failure to provide timely access.

Statutory provisions cited
  • s.4(2.1) ATIA
  • s.67.1 ATIA

This is an informational summary and not legal advice.