5821-04047 — Public Services and Procurement Canada
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 statutory time limit. PSPC received the request on June 4, 2021, and the response was due by July 5, 2021, but no response was provided. PSPC cited a backlog, operational challenges, heavy workloads, staff turnover, and competing priorities as reasons for the delay, and indicated a plan to respond by February 28, 2025. The Commissioner found that PSPC's reasons, including staffing shortages and the need for inter-institutional consultations, did not absolve it of its statutory obligation to provide a timely response. The Commissioner concluded that PSPC failed to meet its obligations under the Act and was deemed to have refused access. The complaint was found to be well founded, and PSPC was ordered to provide a complete response within 36 business days, an order which PSPC indicated it would not fully implement.
- 1Whether the institution responded to the access request within the 30-day time limit set out in section 7 of the Access to Information Act
- 2Whether the institution's reasons for delay (backlog, operational challenges, staff turnover, competing priorities, inter-institutional consultations) absolved it of its statutory obligation to respond within the time limit
- Timeliness / deemed refusal: Deemed refusal upheld
- Justification for delay: Reasons for delay rejected
- Complaint finding: Complaint well-founded
- Order to respond: Institution ordered to respond
Complaint well founded — disclosure ordered, but institution indicated non-compliance
PSPC failed to respond to the access request within the 30-day statutory time limit, and its cited operational challenges and staffing issues do not excuse its statutory obligation to provide timely access to information. The institution was deemed to have refused access.
The Minister of Public Works and Government Services was ordered to provide a complete response to the access request no later than the 36th business day after the date of the final report.
- s.7 ATIA
- s.9 ATIA
- s.10(3) ATIA
- s.30(1)(a) ATIA
- s.36.1(1) ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
The OIC order issued after this final report — sets out the institution's compliance obligations.
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