5823-02013 — Indigenous Services Canada
The complainant alleged that Indigenous Services Canada (ISC) took an unreasonable extension of time to respond to an access request for permits, contracts, modifications, letters, and violation notices sent to G&R Recyclage in Kanasatake, as well as internal correspondence about the company since 2014. ISC had initially extended the response period by 210 days, making the deadline January 19, 2024, but failed to respond by that date. The investigation revealed that ISC was processing over 17,000 pages of records, with 9,000 pages already reviewed, and required consultations with third parties. The Information Commissioner found that the suggested response date of December 12, 2024, was reasonable given the volume and complexity of records and the need for third-party consultations. The Commissioner ordered ISC to issue required third-party notices by October 1, 2024, and provide a complete response by December 12, 2024. ISC agreed to implement the order. The complaint was found to be well founded.
- 1Whether the extension of time taken by Indigenous Services Canada under subsection 9(1) of the Access to Information Act was unreasonable
- 2Whether Indigenous Services Canada met its obligation to respond to the request within the extended period
- 3Whether the proposed date for a final response (December 12, 2024) is reasonable given the volume and complexity of records and the need for third-party consultations
- 4Whether third-party consultations are necessary for the requested records
- 5Whether Indigenous Services Canada must issue required notices to third parties by October 1, 2024
- Timeliness of response: Initial extension unreasonable
- Timeliness of response: New extension date reasonable
- Third-party consultation: Notices ordered by specific date
- Final response date: Ordered by specific date
- Complaint outcome: Complaint well founded
Complaint well founded — disclosure ordered with specific timelines
Indigenous Services Canada failed to respond to the access request within its own extended deadline, leading to a deemed refusal. While the institution was processing a large volume of complex records requiring third-party consultations, the Commissioner found that a new, specific timeline was necessary to ensure a complete response, and that the proposed new deadline was reasonable.
The Minister of Indigenous Services was ordered to issue any required notices to third parties pursuant to section 27 no later than October 1, 2024, and to provide a complete response to the access request no later than December 12, 2024.
- s.7 ATIA
- s.9(1) ATIA
- s.10(3) ATIA
- s.27 ATIA
- s.28 ATIA
- s.30(1)(c) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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