Federal (Canada)Access to Information ActWell-founded

Privy Council Office (Re), 2026 OIC 22

Organization: Privy Council OfficeComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that the Privy Council Office (PCO) failed to respond to an access request by the extended due date, concerning government communications about former House of Commons Speaker Anthony Rota's recognition of Yaroslav Hunka. PCO had extended the response period by 360 days, making the due date April 7, 2025, but failed to respond by this date. The Commissioner found that PCO did not meet its obligation to respond within the extended period, deeming it to have refused access under subsection 10(3) of the Act. Despite PCO indicating that records had been reviewed and consultations completed, and proposing an anticipated response deadline of October 24, 2025, this deadline was also not met. The Commissioner concluded that the delay was unacceptable and in contravention of PCO's obligations. The complaint was found to be well founded, and PCO was ordered to provide a complete response within 36 business days.

Key issues
  1. 1Whether the institution responded within the time limits required by section 7 of the ATIA
  2. 2Whether the institution's extension under subsection 9(1) of the ATIA was properly applied and adhered to
  3. 3Whether the institution is deemed to have refused access under subsection 10(3) of the ATIA due to failure to respond
Outcome breakdownFavours: Applicant / complainant
  • Timeliness / deemed refusal: Deemed refusal found due to missed extended deadline
  • Compliance with order: PCO ordered to respond within 36 business days
Outcome

Complaint well founded — disclosure ordered

Reasoning

The Privy Council Office failed to respond to the access request by the extended due date of April 7, 2025, and subsequently missed a self-imposed deadline of October 24, 2025, despite records being reviewed and consultations completed. This constituted a deemed refusal under subsection 10(3) of the Act and an unacceptable delay.

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Decision notes
Recommended action / remedy

The Clerk of the Privy Council is ordered to provide a complete response to the access request no later than 36 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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