Innovation, Science and Economic Development Canada (Re), 2026 OIC 29
The complainant alleged that Innovation, Science and Economic Development Canada (ISED) took an unreasonable extension of time to respond to an access request for Microsoft Teams messages and related policies. ISED claimed a 390-day extension, citing the volume of records, complexity, and the need for senior-level review, as well as internal and external consultations. The Commissioner found that ISED failed to demonstrate a link between the reasons for the extension and its length, or that a serious attempt was made to determine the necessary length. Specifically, the 240-day extension for volume and interference was deemed excessive, and the 150-day extension for consultations lacked sufficient justification. The Commissioner concluded that the extension was invalid, leading to a deemed refusal of access. The complaint was found to be well-founded, and ISED was ordered to provide a complete response within 60 business days.
- 1Whether the 240-day extension under s.9(1)(a) ATIA for volume and interference was reasonable
- 2Whether the 150-day extension under s.9(1)(b) ATIA for consultations was reasonable
- 3Whether ISED made a serious effort to assess the necessary length of the extension of time
- 4Whether there was a link between the reasons for the extension and its length
- 5Whether the calculation of the length of the extension was sufficiently rigorous, logical, and supportable
- 6Whether ISED was in deemed refusal under s.10(3) ATIA
- Extension of time: Extension found invalid
- Deemed refusal: Deemed refusal confirmed
- Complaint outcome: Complaint well-founded
- Response order: Institution ordered to respond
Complaint well founded — disclosure ordered
The Commissioner found that ISED failed to provide sufficient evidence to justify the length of the 390-day extension. The institution did not adequately explain how it arrived at the 250-page per month review limit for senior staff or provide details for the consultation period. This lack of justification rendered the extension invalid, resulting in a deemed refusal.
The Information Commissioner ordered Innovation, Science and Economic Development Canada to provide a complete response to the access request no later than 60 business days after 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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