5823-02016 — Communications Security Establishment Canada and Privy Council Office and Canadian Security Intelligence Service and National Defence and Global Affairs Canada and Royal Canadian Mounted Police and Canada Border Services Agency and Department of Fisheries and Oceans
The complainant alleged that Communications Security Establishment Canada (CSE) failed to respond to an access request within the 30-day time limit required by the Access to Information Act. The request sought records related to specific committees. The investigation found that CSE did not respond by the deadline, leading to a deemed refusal of access. CSE cited processing delays, extensive consultations with other institutions, and staffing issues for the significant delay. The Information Commissioner found the complaint well-founded and ordered CSE to respond within 72 business days, but CSE indicated it would seek judicial review.
- Failure to respond to access request within statutory time limits.
- Delay in processing and consulting with other institutions.
- Assessment of the reasonableness of the proposed response date.
- The institution's decision to seek judicial review of the Commissioner's order.
Complaint well founded
The Information Commissioner found that CSE failed to respond to the access request within the 30-day period stipulated by the Act. The Commissioner determined that the delays encountered by CSE in processing the records and conducting consultations were unacceptable and that the proposed future response date was unreasonable. Although the institution indicated its intention to seek judicial review, this does not alter the finding that the complaint was well-founded.
AI-generated summary for reference only. Always verify against the official decision ↗
CSE was ordered to provide a complete response to the access request no later than 72 business days after the date of the final report.
- s.7 ATIA
- s.9 ATIA
- s.10(3) ATIA
- s.30(1)(a) ATIA
This is an informational summary and not legal advice.