Federal (Canada)Access to Information ActWell-founded

5822-04510 — Public Safety Canada and Royal Canadian Mounted Police

Organization: Public Safety CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Public Safety Canada (Public Safety) took an unreasonable extension of time to respond to an access request for correspondence between Public Safety and the Royal Canadian Mounted Police (RCMP). Public Safety claimed a 240-day extension under paragraphs 9(1)(a) and 9(1)(b) of the Access to Information Act. The Commissioner found that Public Safety properly notified the complainant of the extension. However, Public Safety failed to demonstrate that the request involved a large number of records or that processing it within 30 days would unreasonably interfere with its operations, thus not meeting the requirements of paragraph 9(1)(a). While Public Safety needed to consult with the RCMP, the Commissioner found the 180-day consultation period requested by the RCMP, based on service standards rather than complexity, to be unreasonable. Consequently, the Commissioner concluded that Public Safety did not meet the requirements for a valid extension under either paragraph 9(1)(a) or 9(1)(b), rendering the extension invalid. Public Safety was deemed to have refused access under subsection 10(3) of the Act.

Key issues
  1. 1Whether the institution properly notified the complainant of the extension of time
  2. 2Whether the access request was for a large number of records under s.9(1)(a)
  3. 3Whether meeting the 30-day deadline would unreasonably interfere with the institution's operations under s.9(1)(a)
  4. 4Whether the institution needed to carry out consultations on the requested records under s.9(1)(b)
  5. 5Whether the consultations could reasonably be completed within 30 days under s.9(1)(b)
  6. 6Whether the extension of time was for a reasonable period under s.9(1)(b)
  7. 7Whether the institution responded within the time limits
Outcome breakdownFavours: Both, in part
  • Extension notification: Properly notified
  • Extension grounds 9(1)(a): Not justified
  • Extension grounds 9(1)(b): Not justified
  • Timeliness / deemed refusal: Extension invalid, deemed refusal
Outcome

Complaint well founded — disclosure ordered

Reasoning

Public Safety Canada failed to demonstrate that the extension of time was reasonable under either paragraph 9(1)(a) or 9(1)(b) of the Access to Information Act. The institution could not justify the extension based on the volume of records or interference with operations, nor could it justify the length of the consultation period with the RCMP.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Recommended action / remedy

The Minister of Public Safety was ordered to provide a complete response to the access request on the 36th business day following the date of the final report.

Statutes considered
  • s.7 ATIA
  • s.9(1) ATIA
  • s.9(1)(a) ATIA
  • s.9(1)(b) ATIA
  • s.10(3) ATIA
  • s.30(1)(c) ATIA
  • s.36.1(1) ATIA

This summary is for informational purposes only and does not constitute legal advice.

Related order
Same OIC file
Public Safety Canada, 5822-04510
Published Mar 10, 2023

The OIC order issued after this final report — sets out the institution's compliance obligations.

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