BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5823-02223 — Crown-Indigenous Relations and Northern Affairs Canada
Office of the Information Commissioner of CanadaAccess to Information Act5823-02223Well-founded
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5823-02223 — Crown-Indigenous Relations and Northern Affairs Canada

Organization: Crown-Indigenous Relations and Northern Affairs Canada
Decision: Jul 11, 2024Published: Jul 11, 2024

The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) failed to respond to an access request within the 30-day time limit. The request concerned specific documents related to past litigation. The investigation found that CIRNAC did not respond by the deadline and was therefore deemed to have refused access. The Commissioner found the delay by the Resolution & Partnerships unit in retrieving records unacceptable and ordered CIRNAC to provide a response to the request within 36 business days.

  • Failure to respond within the 30-day time limit
  • Delay in retrieving records by an Office of Primary Interest (OPI)
  • Definition of a 'response' under the Act

Complaint well founded — disclosure ordered

The institution failed to meet the statutory deadline for responding to the access request, and the delay in retrieving records from an internal unit was found to be unacceptable.

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Recommended action / remedy

CIRNAC was ordered to provide a complete response to the access request within 36 business days after the date of the final report.

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

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