5823-02374 — Privy Council Office
The complainant alleged that the Privy Council Office (PCO) failed to respond to an access request within the extended timeframe, constituting a deemed refusal under the Access to Information Act. The request sought records related to "ICSI Meetings 2001." PCO had extended the response period by 350 days, making the deadline August 17, 2023, but failed to respond by this date. The investigation revealed that the delay was due to PCO's ATIP office not initiating consultations and processing the request in a timely manner, citing employee shortages and high workload. The Information Commissioner found that PCO did not meet its obligation to respond within the statutory time limits, leading to a deemed refusal. The Commissioner emphasized PCO's ultimate responsibility to ensure timely responses, even when consultations are involved. The complaint was found to be well founded, and PCO was ordered to provide a complete response within 36 business days.
- 1Whether the institution responded within the extended period under subsection 9(1) of the Access to Information Act
- 2Whether the institution is deemed to have refused access to the requested records under subsection 10(3) of the Access to Information Act
- 3Whether the institution's reasons for delay (employee shortages, high workload, outstanding consultations) justify the failure to respond
- Timeliness / deemed refusal: Deemed refusal upheld
- Response deadline: Institution ordered to respond
Complaint well founded — disclosure ordered
The Privy Council Office failed to respond to the access request by the extended deadline of August 17, 2023, resulting in a deemed refusal under subsection 10(3) of the Act. The Commissioner found that PCO's internal delays and outstanding consultations did not absolve its statutory obligation to provide a timely response.
The Clerk of the Privy Council is ordered to provide a complete response to the access request no later than the 36th business day after the date of the final report.
- 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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