5825-00996 — Environment and Climate Change Canada
The complainant alleged that Environment and Climate Change Canada (ECCC) failed to respond to an access request within the extended timeframe, constituting a deemed refusal under subsection 10(3) of the Access to Information Act. The request sought records related to the "Cedar LNG" export facility project. The investigation found that ECCC did not respond by the required date, attributing the delay to the Offices of Primary Interest (OPIs) and the ATIP office's failure to provide and process records in a timely manner. The Commissioner found the delay unacceptable and ordered ECCC to issue interim responses for documents not requiring consultation and to provide a complete response by March 16, 2026. The Commissioner also recommended that ECCC develop processes to ensure timely record provision from OPIs and establish performance indicators for accountability. ECCC agreed to implement the orders and recommendations. The complaint was found to be well founded.
- 1Whether Environment and Climate Change Canada responded to the access request within the extended period under subsection 9(1) of the Access to Information Act
- 2Whether the delay in responding constituted a deemed refusal under subsection 10(3) of the Access to Information Act
- 3Whether the delays caused by Offices of Primary Interest (OPIs) in providing records were acceptable
- 4Whether the proposed timeline for completing the review and consultations was reasonable
- Timeliness / deemed refusal: Complaint upheld, deemed refusal found
- Interim disclosure: Interim responses ordered for non-consulted documents
- Final response deadline: Complete response ordered by March 16, 2026
- Process improvement: ECCC ordered to develop timely record provision processes
- Accountability measures: ECCC ordered to establish performance indicators
Complaint well founded — disclosure ordered
Environment and Climate Change Canada failed to respond to the access request within the extended period, leading to a deemed refusal. The delays were primarily due to the slow provision of records by various Offices of Primary Interest and the ATIP office's workload, which the Commissioner found unacceptable and in contravention of the Act.
The Commissioner ordered Environment and Climate Change Canada to issue interim responses for documents not requiring consultation and to provide a complete response to the access request no later than March 16, 2026. The Commissioner also recommended developing processes for timely record provision from OPIs and performance indicators for accountability regarding delays.
- s.7 ATIA
- s.9(1) ATIA
- s.10(3) ATIA
- s.27 ATIA
- s.28 ATIA
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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