Federal (Canada)Access to Information ActWell-founded

5820-01615 — Department of Finance Canada and Privy Council Office and Employment and Social Development Canada

Organization: Department of Finance CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that the Department of Finance Canada (Finance) failed to respond to an access to information request within the statutory time limits. The request, submitted on July 22, 2020, sought records related to a backgrounder on COVID-19 support for students. Although Finance sought clarifications, it did not claim an extension, and the due date was October 16, 2020. The investigation revealed that the delay was primarily due to Finance's internal Federal-Provincial Relations and Social Policy Branch failing to provide records to the ATIP office in a timely manner. The Commissioner found that Finance was deemed to have refused access under subsection 10(3) of the Act due to the prolonged delay. The Commissioner ordered Finance to provide a final response forthwith, and Finance agreed to implement the order.

Key issues
  1. 1Whether the Department of Finance Canada failed to respond to an access request within the time limits set out in the Access to Information Act
  2. 2Whether the institution was deemed to have refused access pursuant to subsection 10(3) of the Act
Outcome breakdownFavours: Applicant / complainant
  • Timeliness / deemed refusal: Deemed refusal found
  • Response to request: Final response ordered forthwith
Outcome

Complaint well founded — disclosure ordered

Reasoning

The Department of Finance Canada failed to respond to the access request by the legislated due date, resulting in a deemed refusal of access under subsection 10(3) of the Act. The delay was attributed to internal departmental processes.

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Decision notes
Recommended action / remedy

The Minister of Finance was ordered to provide a final response to the request for information submitted on July 22, 2020, forthwith, and to email a copy of the response letter to the Office of the Information Commissioner’s Registrar.

Statutes considered
  • 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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