5825-01230 — Crown-Indigenous Relations and Northern Affairs Canada and Department of Justice and Public Services and Procurement Canada
The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) took an unreasonable time extension under subsection 9(1) of the Access to Information Act and improperly processed two requests as one. The request sought an updated Consultation Agreement between Canada and the MNA and related documents. The Information Commissioner found that CIRNAC's 180-day extension for volume and 90-day extension for consultations were unreasonable, particularly noting that a 90-day consultation period for 12 pages with the Department of Justice was not justified. Consequently, CIRNAC was deemed to have refused access. However, the Commissioner found it reasonable for CIRNAC to treat the request as a single one, given the way it was submitted. The complaint was deemed well-founded, and CIRNAC was ordered to provide a complete response within 36 business days.
- 1Whether the 180-day extension under s.9(1)(a) ATIA for volume was reasonable
- 2Whether the 90-day extension under s.9(1)(b) ATIA for consultations was reasonable
- 3Whether the 30-day extension under s.9(1)(c) ATIA was reasonable
- 4Whether CIRNAC improperly processed two requests as one
- 5Whether CIRNAC was deemed to have refused access under s.10(3) ATIA
- Time extension (volume): Extension found unreasonable
- Time extension (consultation): Extension found unreasonable
- Deemed refusal: Deemed refusal upheld
- Processing multiple requests: Processing as single request upheld
- Complaint outcome: Complaint well-founded
- Disclosure order: Records ordered disclosed
Complaint well founded — disclosure ordered
The Information Commissioner found that CIRNAC failed to demonstrate that the lengths of the extensions taken under paragraphs 9(1)(a) and 9(1)(b) were reasonable. Specifically, the volume of records did not justify the 180-day extension, and the 90-day consultation period for 12 pages with the Department of Justice was not adequately supported by evidence of complexity. As CIRNAC did not respond within the valid time limits, it was deemed to have refused access. The Commissioner also determined that CIRNAC was justified in treating the request as a single one.
The Minister of Crown-Indigenous Relations is 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.9(1)(a) ATIA
- s.9(1)(b) ATIA
- s.9(1)(c) 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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