5823-02223 — Crown-Indigenous Relations and Northern Affairs Canada
The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) failed to respond to an access request within the 30-day statutory period. The request sought specific documents related to a briefing note on litigation, some of which had been previously released. The investigation confirmed that CIRNAC did not respond by the deadline, leading to a deemed refusal of access under subsection 10(3) of the Act. The Information Commissioner found the delay by the Resolution & Partnerships unit in retrieving records, despite multiple follow-ups from the ATIP office, to be unacceptable. The Commissioner ordered CIRNAC to complete record retrieval and provide a full response within 36 business days. Additionally, the Commissioner recommended that CIRNAC develop proper processes and performance indicators to ensure timely record provision by its Offices of Primary Interest. CIRNAC agreed to implement the order but did not commit to the recommendations. The complaint was found to be well founded.
- 1Whether the institution responded to the access request within the 30-day period set out in section 7 of the Access to Information Act
- 2Whether the institution is deemed to have refused access to the requested records under subsection 10(3) of the Act
- 3Whether the delay by the Office of Primary Interest (Resolution & Partnerships unit) in retrieving records was acceptable
- Timeliness / deemed refusal: Deemed refusal confirmed
- Record retrieval: Further record retrieval ordered
- Full response: Full response ordered
- Complaint finding: Complaint well-founded
- Process recommendations: Recommendations made but not committed to
Complaint well founded — disclosure ordered
CIRNAC failed to respond to the access request within the statutory 30-day period, resulting in a deemed refusal. The delay was attributed to an internal unit's failure to provide records to the ATIP office in a timely manner, which the Commissioner found unacceptable.
The Information Commissioner ordered Crown-Indigenous Relations and Northern Affairs Canada to complete the retrieval of all responsive records and provide a complete response to the access request no later than the 36th business day following the date of the final report. The Commissioner also recommended developing proper processes and procedures for Offices of Primary Interest and performance indicators for senior officials regarding timely record provision.
- s.7 ATIA
- s.9 ATIA
- s.10(3) ATIA
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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