Federal (Canada)Access to Information ActWell-founded

Royal Canadian Mounted Police (Re), 2022 OIC 18

Organization: Royal Canadian Mounted PoliceComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that the Royal Canadian Mounted Police (RCMP) failed to respond to four access to information requests within the 30-day statutory time limit. The OIC investigation confirmed that the RCMP did not issue responses by the deadlines for any of the four requests, leading to a deemed refusal of access under subsection 10(3) of the Act. The RCMP attributed the delays to operational challenges due to the COVID-19 pandemic, including difficulties in obtaining records from its Offices of Primary Interest (OPIs) and the need for legal consultations regarding potential Cabinet confidences. However, the Information Commissioner found these explanations insufficient to justify the significant, prolonged delays, noting that the issues identified were not new and had been the subject of previous commitments. Consequently, the Commissioner found all four complaints to be well founded and ordered the Minister of Public Safety and Emergency Preparedness to provide final responses to each request forthwith. The RCMP subsequently informed the OIC that the complainant agreed to consolidate the requests, and a response would be provided by March 18, 2022.

Key issues
  1. 1Whether the institution responded to the access requests within the 30-day time limit under s.7 ATIA
  2. 2Whether the institution's reasons for delay (COVID-19 operational challenges, OPI delays, potential Cabinet confidences) justified the failure to respond within the statutory timeframe
Outcome breakdownFavours: Applicant / complainant
  • Timeliness / deemed refusal: Deemed refusal confirmed for all requests
  • Justification for delay: Institution's explanation for delay rejected
  • Complaint outcome: All complaints well founded
  • Order for response: Final responses ordered forthwith
Outcome

Complaint well founded — disclosure ordered

Reasoning

The RCMP failed to respond to the four access requests within the 30-day statutory time limit, resulting in a deemed refusal. The institution's explanations for the delays, primarily related to COVID-19 operational challenges and internal OPI issues, were deemed insufficient to justify the prolonged non-compliance with the Act's timelines.

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Decision notes
Recommended action / remedy

The Information Commissioner ordered the Minister of Public Safety and Emergency Preparedness to prepare a final response to each of the four requests forthwith.

Statutes considered
  • s.7 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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