5823-02086 — Environment and Climate Change Canada
The complainant alleged that Environment and Climate Change Canada (ECCC) failed to respond to an access request within the extended timeframe, as required by subsection 9(1) of the Access to Information Act. The request sought records concerning meetings and lobbying efforts of Pathways Alliance Inc. between January 14, 2023, and May 4, 2023. ECCC received the request on May 4, 2023, and extended the response period by 120 days, setting a new deadline of October 10, 2023, which it failed to meet. The investigation revealed that delays were primarily due to two offices of primary interest (OPIs) taking over 10 months to retrieve responsive records. The Commissioner found this delay unacceptable and concluded that ECCC did not meet its obligations under the Act. The complaint was found to be well founded, and ECCC was ordered to provide a complete response by August 7, 2024, and was given recommendations to improve internal processes.
- 1Whether Environment and Climate Change Canada responded to the access request within the extended period under subsection 9(1) of the Access to Information Act
- 2Whether the delay in responding was attributable to a lack of responsiveness from Offices of Primary Interest (OPIs)
- Timeliness of response: Institution failed to meet extended deadline
- Compliance with Act: Institution did not meet obligations
- Complaint outcome: Complaint well founded
- Remedy: Institution ordered to provide complete response
- Recommendations: Recommendations made to improve internal processes
Complaint well founded — disclosure ordered and recommendations made
Environment and Climate Change Canada failed to respond to the access request by the extended deadline of October 10, 2023. The delay was caused by two internal offices (Environmental Protection Branch and Carbon Market Bureau) taking an unacceptably long time (over 10 months) to provide responsive records to the ATIP Office, thereby preventing ECCC from fulfilling its obligations under the Act.
The Minister of Environment is ordered to provide a complete response to the access request no later than August 7, 2024. The Commissioner also recommended that the Minister develop proper processes and procedures to ensure OPIs provide records in a timely fashion and develop performance indicators to hold senior officials accountable for delays.
- s.7 ATIA
- s.9(1) ATIA
- s.10(3) ATIA
- s.30(1)(a) 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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