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 concerning a presentation booking and cancellation. Justice claimed a 292-day extension under paragraph 9(1)(a) and a 90-day extension under paragraph 9(1)(b). The Information Commissioner found the 292-day extension unreasonable, citing a lack of justification and a flawed page count. As Justice also failed to respond within the 90-day extension, it was deemed to have refused access. The Commissioner ordered Justice to provide a complete response within 36 business days.
- Reasonableness of time extension claimed under ATIA s. 9(1)(a)
- Failure to respond within claimed time extension under ATIA s. 9(1)(b)
- Deemed refusal of access under ATIA s. 10(3)
- Flawed process for identifying responsive records and duplicates
Complaint well founded — institution ordered to provide a complete response
The Commissioner found that the 292-day extension claimed by the Department of Justice was not reasonable or justified, as it was based on a flawed page count and did not demonstrate a serious effort to assess the required time. Furthermore, the Department failed to respond within the 90-day extension it claimed, leading to a deemed refusal of access.
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The Minister of Justice was 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.10(3) ATIA
- s.30(1)(c) ATIA
This is a summary of a decision made by the Office of the Information Commissioner of Canada. It is for informational purposes only and does not constitute legal advice.