BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5823-04301 — Public Health Agency of Canada
Office of the Information Commissioner of CanadaAccess to Information Act5823-04301Well-founded
Flag of Canada

5823-04301 — Public Health Agency of Canada

Organization: Public Health Agency of Canada
Decision: Jul 26, 2024Published: Jul 26, 2024

The complainant alleged that the Public Health Agency of Canada (PHAC) unreasonably extended the time to respond to an access request for correspondence related to a specific standing offer. PHAC claimed an extension of 255 days due to the volume of records, citing a need for 180 days under paragraph 9(1)(a). The Commissioner found that PHAC failed to demonstrate that the 180-day extension was reasonable, as it did not show sufficient rigour in calculating the time needed. Consequently, the extension was deemed invalid, and PHAC was ordered to provide a complete response within 60 business days.

  • Reasonableness of time extension under subsection 9(1)(a)
  • Definition of a 'large number of records'
  • Adequacy of justification for processing time
  • Deemed refusal of access under subsection 10(3)

Complaint well founded — PHAC ordered to provide a complete response within 60 business days.

The Commissioner found that PHAC did not demonstrate sufficient rigour and logic in determining the 180-day extension period required under paragraph 9(1)(a) for processing a large volume of records, rendering the extension invalid. Therefore, the complaint was well founded.

AI-generated summary for reference only. Always verify against the official decision ↗

Recommended action / remedy

The Minister of Health is ordered to provide a complete response to the access request no later than the 60th business day following receipt of the final report.

Statutory provisions cited
  • subsection 9(1) ATIA
  • paragraph 9(1)(a) ATIA
  • paragraph 9(1)(b) ATIA
  • paragraph 9(1)(c) ATIA
  • subsection 10(3) ATIA
  • paragraph 30(1)(c) ATIA

This is an informational summary only and not legal advice.