Public Services and Procurement Canada (Re), 2022 OIC 47
The complainant alleged that Public Services and Procurement Canada (PSPC) failed to respond to two access to information requests within the statutory deadlines. The requests sought records related to the procurement of animals for the Prison Farm program run by CORCAN at Collins Bay and Joyceville institutions. PSPC claimed extensions for both requests, citing the volume of records and resource limitations, exacerbated by the COVID-19 pandemic. However, PSPC missed the extended deadlines, leading to a deemed refusal under subsection 10(3) of the Act. The Commissioner found that PSPC had not adequately addressed the unreasonable delay, noting that the complainant had been waiting over two years for a response. The Commissioner concluded that the complaints were well founded and ordered PSPC to provide a final response to both requests forthwith.
- 1Whether Public Services and Procurement Canada failed to respond to access requests within statutory deadlines
- 2Whether Public Services and Procurement Canada was in deemed refusal under subsection 10(3) ATIA
- 3Whether the extensions claimed by Public Services and Procurement Canada were valid
- 4Whether the delay in processing the requests was unreasonable
- Timeliness / deemed refusal: Complaint upheld, deemed refusal confirmed
- Response to requests: Institution ordered to respond forthwith
Complaint well founded — disclosure ordered
Public Services and Procurement Canada failed to respond to two access requests by the statutory and extended deadlines, resulting in a deemed refusal. The institution's reasons for delay, including resource limitations and COVID-19 impacts, did not justify the unreasonable length of time the complainant had waited.
The Minister of Public Services and Procurement Canada is ordered to provide a final response to both access requests forthwith and email a copy of the response letters to the Office of the Information Commissioner’s Registry.
- s.9(1)(b) ATIA
- s.9(1)(c) 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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