BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/Royal Canadian Mounted Police (Re), 2022 OIC 18
Office of the Information Commissioner of CanadaAccess to Information ActsWell-founded
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Royal Canadian Mounted Police (Re), 2022 OIC 18

Organization: Royal Canadian Mounted Police
Decision: Mar 10, 2022Published: Mar 10, 2022

The complainant filed four complaints alleging the Royal Canadian Mounted Police (RCMP) failed to respond to access requests within the 30-day time limit. The OIC found that the RCMP did not provide adequate justification for the significant delays, despite acknowledging operational challenges due to the COVID-19 pandemic. The Information Commissioner ordered the Minister of Public Safety and Emergency Preparedness to issue a response to each request.

  • Failure to respond within the 30-day time limit under section 7 of the ATIA
  • Adequacy of justification for delays due to COVID-19 operational challenges
  • Requirement for institutions to respond even when records are not yet retrieved

Complaints well founded — Order issued for responses

The RCMP failed to meet the statutory deadline for responding to four access requests. The explanations provided regarding COVID-19 related challenges and delays from Offices of Primary Interest were insufficient to justify the prolonged non-response.

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Recommended action / remedy

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

Statutory provisions cited
  • section 7 ATIA
  • subsection 10(3) ATIA
  • section 9 ATIA
  • subsection 36.1(1) ATIA

This is a summary of a decision by the Office of the Information Commissioner of Canada for informational purposes only and does not constitute legal advice.