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Decisions/Federal (Canada)/Access to Information Act/5821-04047 — Public Services and Procurement Canada
Office of the Information Commissioner of CanadaAccess to Information Act5821-04047Well-founded
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5821-04047 — Public Services and Procurement Canada

Organization: Public Services and Procurement Canada
Decision: Mar 8, 2023Published: Mar 8, 2023

The complainant alleged that Public Services and Procurement Canada (PSPC) failed to respond to an access request for records concerning the procurement of new handguns for the military within the 30-day time limit. PSPC did not respond by the due date of July 5, 2021, and cited backlogs, operational challenges, and staffing issues for the delay. The Information Commissioner found the complaint well-founded, noting that these reasons do not absolve PSPC of its statutory obligation.

  • Timeliness of response to access request
  • Effect of operational challenges and staffing shortages on statutory obligations
  • Definition of a "response" under the Act

Complaint well founded — disclosure ordered

PSPC failed to respond to the access request within the 30-day time limit required by the Act. The institution's cited reasons for delay, such as backlogs and staffing issues, do not excuse this failure.

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Recommended action / remedy

The Commissioner ordered the Minister of Public Works and Government Services to provide a final response to the access request no later than the 36th business day after the date of the final report.

Statutory provisions cited
  • s.7 ATIA
  • s.9 ATIA
  • s.10(3) ATIA
  • s.30(1)(a) ATIA
  • s.36.1(1) ATIA

This is an informational summary only and not legal advice.