5823-04426 — Canada Revenue Agency
The complainant alleged that the Canada Revenue Agency (CRA) failed to respond to an access request within the extended timeframe, a violation under paragraph 30(1)(a) of the Access to Information Act. The request sought all documents related to House of Commons committee studies concerning the Pierre Elliott Trudeau Foundation between February 1, 2023, and July 14, 2023. The OIC's investigation revealed that while 5,782 pages of responsive records had been identified, one of CRA's Offices of Primary Interest (OPIs) had not yet provided an additional 4,715 pages for review. Despite the outstanding work, the Information Commissioner found that CRA had not met its obligation to respond within the extended period, deeming it a refusal of access under subsection 10(3). The Commissioner ordered CRA to issue a complete response by January 8, 2025, and made recommendations for improving internal processes and accountability for timely record provision. CRA agreed to implement the order and consider the recommendations.
- 1Whether the institution responded to the access request within the extended period under subsection 9(1) of the Access to Information Act
- 2Whether the institution is deemed to have refused access under subsection 10(3) due to failure to respond within the statutory timeframe
- Timeliness / deemed refusal: Deemed refusal found due to failure to respond within extended timeframe
- Response completeness: Complete response ordered by specific date
- Internal processes: Recommendations made for improving internal processes
Complaint well founded — disclosure ordered
The Canada Revenue Agency failed to respond to the access request within the extended period, leading to a deemed refusal of access under subsection 10(3) of the Act. The delay was attributed to an Office of Primary Interest not providing all responsive records in a timely manner and competing priorities within CRA's ATIP unit.
The Minister of National Revenue is ordered to provide a complete response to the access request no later than January 8, 2025. Additionally, the Commissioner recommended developing proper processes and procedures for OPIs to provide records in a timely fashion and establishing performance indicators to hold senior officials accountable for delays.
- s.7 ATIA
- s.9(1) ATIA
- s.10(3) ATIA
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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