BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5823-01723 — Impact Assessment Agency of Canada
Office of the Information Commissioner of CanadaAccess to Information Act5823-01723Well-founded
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5823-01723 — Impact Assessment Agency of Canada

Organization: Impact Assessment Agency of Canada
Decision: Jul 17, 2024Published: Jul 17, 2024

The complainant alleged that the Impact Assessment Agency of Canada (IAAC) took an unreasonable amount of time to respond to an access request. The request was for communications related to designated projects in Western Canada. IAAC extended the response time by 880 days, but the Information Commissioner found that IAAC did not adequately justify the length of this extension, particularly under paragraph 9(1)(a) of the Access to Information Act. Consequently, the Commissioner deemed the extension invalid, ordered IAAC to respond by April 23, 2025, and found the complaint to be well-founded.

  • Reasonableness of the 880-day time extension under subsection 9(1)(a) of the ATIA
  • Whether IAAC demonstrated sufficient rigour in calculating the extension period
  • Whether IAAC's delay constituted a deemed refusal of access under subsection 10(3) of the ATIA

Complaint well founded — disclosure ordered

The Commissioner found that the IAAC failed to demonstrate that the 880-day extension was reasonable, as required by paragraph 9(1)(a) of the Access to Information Act. Specifically, the IAAC did not provide a convincing explanation for its estimated monthly review rate or show sufficient rigour in determining the extension period. As a result, the extension was deemed invalid, and the institution was ordered to respond to the request by April 23, 2025.

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Recommended action / remedy

The Information Commissioner ordered the Impact Assessment Agency of Canada to provide a complete response to the access request no later than April 23, 2025.

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

This is an informational summary and not legal advice.