5823-04301 — Public Health Agency of Canada
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 and company. PHAC extended the response time by 255 days, citing subsections 9(1)(a), (b), and (c) of the Access to Information Act. The Commissioner investigated whether the extension under 9(1)(a) was reasonable, noting that PHAC initially identified 2,962 pages, later corrected to 1,805 pages. While acknowledging the volume and potential interference with operations, the Commissioner found that PHAC failed to justify the reasonableness of the 180-day extension taken under 9(1)(a), particularly regarding its estimated review rate of 500 pages per 30 days. Consequently, the Commissioner concluded that the extension was invalid, and PHAC was deemed to have refused access under subsection 10(3) of the Act. The complaint was found to be well founded, and PHAC was ordered to provide a complete response within 60 business days.
- 1Whether the extension of time taken under subsection 9(1) of the Access to Information Act was unreasonable
- 2Whether the request was for a large number of records under paragraph 9(1)(a)
- 3Whether meeting the 30-day deadline would unreasonably interfere with the institution’s operations under paragraph 9(1)(a)
- 4Whether the extension of time was for a reasonable period under paragraph 9(1)(a)
- 5Whether the institution provided convincing explanation for its estimated monthly review rate of 500 pages
- 6Whether the institution applied sufficient rigour and logic in determining the duration of the extension
- 7Whether the institution is deemed to have refused access under subsection 10(3)
- Timeliness of extension: Extension found invalid
- Deemed refusal: Deemed refusal upheld
- Complaint finding: Complaint well founded
- Response order: Institution ordered to respond
Complaint well founded — disclosure ordered
The Public Health Agency of Canada failed to demonstrate that the 180-day extension of time taken under paragraph 9(1)(a) was for a reasonable period, specifically regarding the justification for its estimated page review rate and the complexity of the records. As a result, the extension was deemed invalid, leading to a deemed refusal of access.
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.
- s.7 ATIA
- 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.
The OIC order issued after this final report — sets out the institution's compliance obligations.
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