Federal (Canada)Access to Information ActWell-founded

Innovation, Science and Economic Development Canada Re), 2026 OIC 20

Organization: Innovation, Science and Economic Development CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Innovation, Science and Economic Development Canada (ISED) 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 parliamentary consideration of electric vehicle battery manufacturing facilities, agreements between manufacturers and the Government of Canada, and the use of foreign workers in these facilities. ISED had extended the response deadline by 300 days, but failed to meet it, primarily due to a lack of responsiveness from its Industry Sector. The Commissioner found the delay unacceptable and noted that the complainant had been waiting almost 18 months for a response. The Commissioner ordered ISED to provide a complete response within 60 business days of the final report. ISED indicated its intention to comply with the order, and the complaint was found to be well founded.

Key issues
  1. 1Whether the institution responded within the extended time limits under subsection 9(1) of the Access to Information Act
  2. 2Whether the institution is deemed to have refused access under subsection 10(3) of the Access to Information Act
Outcome breakdownFavours: Applicant / complainant
  • Timeliness / deemed refusal: Deemed refusal upheld
  • Compliance order: ISED ordered to respond within 60 business days
  • Complaint finding: Complaint well founded
Outcome

Complaint well founded — disclosure ordered

Reasoning

ISED failed to respond to the access request by the extended deadline of July 16, 2025, leading to a deemed refusal under subsection 10(3) of the Act. The delay was attributed to the unacceptable lack of responsiveness from the Industry Sector within ISED, which had not provided records to the ATIP unit.

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Decision notes
Recommended action / remedy

The Minister of Industry is ordered to provide a complete response to the access request no later than 60 business days following the date of the final report.

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

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

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