Department of Justice Canada (Re), 2024 OIC 53
The complainant alleged that the Department of Justice Canada (Justice) failed to respond to an access request within the statutory time limit, improperly placed the request on hold, and did not meet its duty to assist the requester. The request sought records related to COVID-19 vaccination mandates for federal employees and travel. The Commissioner found that Justice improperly placed the request on an indefinite hold, as there is no provision in the Act for such an action. Justice also failed to provide updates and assistance to the complainant, thereby not meeting its obligations under subsection 4(2.1). Furthermore, Justice did not respond to the request by the statutory deadline, leading to a deemed refusal of access. The Commissioner rejected Justice's estimated 14-year processing time as unreasonable and ordered Justice to remove the hold, provide a complete response by May 17, 2029, and issue regular updates and interim releases.
- 1Whether the institution responded within the time limit set out in section 7 ATIA
- 2Whether the institution took an invalid extension of time under section 9 ATIA
- 3Whether the institution improperly placed the access request on hold
- 4Whether the institution improperly communicated by phone
- 5Whether the institution met its responsibilities under subsection 4(2.1) ATIA to assist the requester
- 6Whether there was evidence of an offence under section 67.1 ATIA
- Timeliness / deemed refusal: Deemed refusal found
- Improper hold: Hold found improper
- Duty to assist: Duty to assist not met
- Processing time estimate: 14-year estimate rejected as unreasonable
- Remedy: Hold removed, response ordered by May 2029, updates ordered
Complaint well founded — disclosure ordered
The Department of Justice improperly placed the access request on an indefinite hold, failed to meet its duty to assist the complainant under subsection 4(2.1) by not providing updates or processing the request, and did not respond within the statutory time limits, resulting in a deemed refusal of access.
The Commissioner ordered the Department of Justice to remove any hold placed on the processing of the request, provide a complete response to the access request by May 17, 2029, provide updates to the complainant every six months, and provide interim releases to the complainant at regular intervals if possible.
- s.4(2.1) ATIA
- s.6 ATIA
- s.7 ATIA
- s.9(1)(a) ATIA
- s.9(1)(b) ATIA
- s.10(3) ATIA
- s.30(1)(a) ATIA
- s.30(1)(f) ATIA
- s.63(2) ATIA
- s.67.1 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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