Federal (Canada)Access to Information ActWell-founded

A-2023-00042 / LS — Privy Council Office

Organization: Privy Council OfficeComplainant: Anonymous applicant
Plain-language brief

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 electronic records mentioning specific terms, including "Democracy Watch," from October 2015 to April 2023. PCO received the request in April 2023 and extended the response period by 210 days, setting a new deadline of December 21, 2023, but failed to respond by this date. PCO attributed the delay to limited resources, high workload, and the need for extensive consultations, estimating a response by January 2025. The Commissioner found PCO's estimated timeline unreasonable, noting that the institution had committed inadequate resources to processing the request. The Commissioner concluded that PCO had not met its obligations under the Act and ordered PCO to provide a complete response by November 30, 2024, with interim releases where possible. PCO subsequently agreed to implement the order.

Key issues
  1. 1Whether the institution responded within the extended time limits under subsection 9(1) of the Access to Information Act
  2. 2Whether the institution is deemed to have refused access under subsection 10(3) of the Access to Information Act
  3. 3Whether the institution's proposed timeline for response was reasonable
Outcome breakdownFavours: Applicant / complainant
  • Timeliness / deemed refusal: Deemed refusal upheld
  • Response deadline: New deadline ordered by Commissioner
  • Institutional resources: Inadequate resources found
  • Compliance with order: Institution agreed to implement order
Outcome

Complaint well founded — disclosure ordered

Reasoning

The Privy Council Office failed to respond to the access request by the extended deadline of December 21, 2023, leading to a deemed refusal. The Commissioner found PCO's reasons for delay, including resource limitations and consultation requirements, did not justify the prolonged delay and that PCO had committed inadequate resources to the request.

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Decision notes
Recommended action / remedy

The Clerk of the Privy Council is ordered to provide a complete response to the access request by November 30, 2024, and to provide interim releases to the complainant at regular intervals, if possible.

Statutes considered
  • 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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