5823-01723 — Impact Assessment Agency of Canada
The complainant alleged that the Impact Assessment Agency of Canada (IAAC) took an unreasonable extension of time to respond to an access request for communications related to designated projects in Western Canada. IAAC had extended the response time by 880 days, citing paragraphs 9(1)(a), (b), and (c) of the Access to Information Act. The Commissioner found that while the request involved a large volume of records, IAAC failed to demonstrate that the 820-day extension taken under paragraph 9(1)(a) was reasonable, particularly regarding its estimated monthly review rate. Consequently, the Commissioner concluded that IAAC was deemed to have refused access under subsection 10(3) of the Act. The Commissioner ordered IAAC to provide a complete response to the access request by April 23, 2025. IAAC's President confirmed that the agency would implement the order, outlining steps to increase processing capacity and optimize ATIP processes.
- 1Whether the extension of time taken under s.9(1)(a) was for a reasonable period
- 2Whether the request was for a large number of records
- 3Whether meeting the 30-day deadline would unreasonably interfere with the institution’s operations
- 4Whether the institution is deemed to have refused access under s.10(3)
- Extension of time (s. 9(1)(a)): Extension found unreasonable
- Deemed refusal (s. 10(3)): Deemed refusal confirmed
- Disclosure order: Records ordered disclosed by specific date
- Compliance with order: Institution committed to implementing order
Complaint well founded — disclosure ordered
The Impact Assessment Agency of Canada failed to demonstrate that the 820-day extension of time taken under paragraph 9(1)(a) was for a reasonable period, specifically regarding the justification for its estimated monthly review rate. This rendered the entire extension invalid, leading to a deemed refusal of access.
The President of the Impact Assessment Agency of Canada is ordered to provide a complete response to the access request no later than April 23, 2025.
- s.9(1) ATIA
- s.9(1)(a) ATIA
- s.9(1)(b) ATIA
- s.9(1)(c) ATIA
- s.10(3) ATIA
- s.30(1)(c) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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