5824-00249 — Department of Justice Canada
The complainant alleged that the Department of Justice Canada (Justice) took an unreasonable extension of time to respond to an access request for records pertaining to the booking and cancellation of a specific presentation. Justice claimed a 382-day extension, comprising 292 days under paragraph 9(1)(a) and 90 days under paragraph 9(1)(b) of the Access to Information Act. The Commissioner found that the 292-day extension under 9(1)(a) was unreasonable and unjustified, noting that the request was clear and concise, and the institution's reasons (such as OPI workload and a low page review rate) were not sufficient. Furthermore, Justice failed to respond within the 90-day extension claimed under 9(1)(b), leading to a deemed refusal of access under subsection 10(3). The Commissioner also criticized Justice for basing its extension on an inflated page count due to unaddressed duplicates and non-relevant records. The complaint was found to be well-founded, and Justice was ordered to provide a complete response within 36 business days.
- 1Whether the 292-day extension of time under paragraph 9(1)(a) was reasonable and justified
- 2Whether the 90-day extension of time under paragraph 9(1)(b) was reasonable and justified
- 3Whether the institution failed to respond within the extended period
- 4Whether the institution was deemed to have refused access under subsection 10(3)
- 5Whether the institution's page count for the extension was accurate and reflected responsive records
- Extension of time (s.9(1)(a)): Extension found unreasonable
- Deemed refusal (s.10(3)): Deemed refusal occurred
- Extension of time (s.9(1)(b)): Institution failed to respond within extension
- Page count justification: Page count found inflated
- Complaint outcome: Complaint well-founded
- Remedy: Complete response ordered
Complaint well founded — disclosure ordered
The Commissioner found that the institution's claimed extension of time was unreasonable and unjustified, particularly the 292-day extension under 9(1)(a), as the reasons provided did not establish a clear link to the length of the extension. The institution also failed to meet its own extended deadline under 9(1)(b), resulting in a deemed refusal. The Commissioner noted deficiencies in the institution's record retrieval and review processes.
The Minister of Justice is ordered to provide a complete response to the access request no later than 36 business days following the date of the final report.
- s.9(1) ATIA
- s.9(1)(a) ATIA
- s.9(1)(b) 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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