5820-01444 — Public Services and Procurement Canada
The complainant alleged that Public Services and Procurement Canada (PSPC) failed to respond to an access request by the extended due date. The request sought all documents related to the Copyright Media Clearance Program for a specific period. PSPC had extended the response deadline by 420 days, but failed to provide a response by the new due date. The OIC found that PSPC did not meet its obligation to respond within the time limits, leading to a deemed refusal of access. Despite PSPC citing resource limitations and COVID-19 related difficulties, the Commissioner concluded that these were not valid reasons for continued delay. The Commissioner ordered PSPC to provide a final response within 10 days, but PSPC indicated it would not fully implement the order, proposing a phased approach with a later completion date.
- 1Whether the institution responded to the access request by the extended due date under subsection 9(1) of the Access to Information Act
- 2Whether the institution is deemed to have refused access under subsection 10(3) of the Access to Information Act
- Timeliness / deemed refusal: Deemed refusal found
- Justification for delay: Reasons for delay rejected
- Compliance with order: Institution indicated non-compliance
Complaint well founded — disclosure ordered, but institution did not fully implement the order
PSPC failed to provide a response to the access request by the extended due date, resulting in a deemed refusal of access. The Commissioner found that the institution's reasons for delay, including resource limitations and COVID-19 impacts, did not justify the failure to meet its obligations.
The Minister of Public Works and Government Services was ordered to provide a final response to the access request within 10 days after the day on which the order takes effect.
- s.7 ATIA
- s.9(1) ATIA
- s.9(1)(a) ATIA
- s.9(1)(b) ATIA
- s.9(1)(c) ATIA
- s.10(3) ATIA
- s.30(1)(c) ATIA
- s.36.1(1) ATIA
- s.36.1(4) ATIA
- s.41 ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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