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Federal (Canada)Access to Information ActWell-founded

5824-00645 — Shared Services Canada

Organization: Shared Services CanadaComplainant: Anonymous applicant
BookmarkView Governing Law
Plain-language brief

The complainant alleged that Shared Services Canada (SSC) took an unreasonable extension of time to respond to an access request for records related to solicitation documents, approvals, and decisions from January 1, 2020, to April 8, 2024. SSC initially took a 750-day extension, citing a large volume of records (estimated at 15,000 pages) and difficulties with new ATIP Express software. The Information Commissioner found SSC's benchmark of processing 500 pages per month to be unreasonable and disagreed with factoring in anticipated software delays. The Commissioner acknowledged the challenges with the new software but emphasized that technology issues should not unduly affect requesters' access rights. The Commissioner concluded that the extension was unreasonable, leading to a deemed refusal of access. SSC subsequently agreed to provide interim releases every three months and a complete response by September 30, 2025. The complaint was found to be well founded.

Key issues
  1. 1Whether the extension of time taken under s.9(1)(a) was for a reasonable period
  2. 2Whether the institution's processing benchmark of 500 pages per month was reasonable
  3. 3Whether anticipated delays due to new ATIP Express software should factor into the length of an extension
  4. 4Whether the institution was deemed to have refused access under s.10(3)
Outcome breakdownFavours: Applicant / complainant
  • Extension of time: Extension found unreasonable
  • Deemed refusal: Deemed refusal confirmed
  • Processing rate: Institution's processing benchmark rejected
  • Software issues: Software issues not justification for delay
  • Complaint outcome: Complaint well founded
  • Resolution: Interim releases and final response committed
Outcome

Complaint well founded — disclosure ordered with interim releases

Reasoning

The Information Commissioner found the institution's 750-day extension unreasonable because its processing benchmark was too low and it improperly factored in delays caused by new, poorly functioning software. The Commissioner emphasized that software issues should not impede access rights.

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Decision notes
Recommended action / remedy

The President of Shared Services Canada was ordered to provide interim releases every three months and a complete response to the access request no later than September 30, 2025.

Statutes considered
  • s.7 ATIA
  • s.9(1)(a) ATIA
  • s.9(1)(c) ATIA
  • s.10(3) ATIA
  • s.30(1)(c) ATIA

This summary is for informational purposes only and does not constitute legal advice.

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