Canadian Food Inspection Agency (Re), 2026 OIC 42
The complainant alleged that the Canadian Food Inspection Agency (CFIA) failed to respond to an access request within the 30-day statutory period. The request sought records related to the cull of ostriches at Universal Ostrich Farms. The CFIA was deemed to have refused access due to the delay, which it attributed to ongoing RCMP investigations, safety and security concerns, and the volume of records. The Information Commissioner found the CFIA's delay in searching and gathering records to be irresponsible and a blatant disregard for the Act. The Commissioner noted that the Act does not permit an institution to 'pause' a request due to sensitivity or a strategic plan for multiple requests. The Commissioner ordered the CFIA to provide a complete response within 36 business days of the final report. The CFIA confirmed it would implement the order and had already begun retrieving and reviewing records.
- 1Whether the institution responded to the access request within the 30-day period set out in section 7 of the Access to Information Act
- 2Whether the institution's reasons for delay (ongoing RCMP investigations, safety/security concerns, volume of records) justified the failure to respond within statutory timelines
- 3Whether the Access to Information Act authorizes an institution to 'pause' a response to an access request
- Timeliness / deemed refusal: Deemed refusal upheld
- Institutional conduct: Delay deemed irresponsible
- Compliance order: Institution ordered to respond within 36 days
- Order implementation: Institution agreed to implement order
Complaint well founded — disclosure ordered
The CFIA failed to respond to the access request within the 30-day statutory period and was deemed to have refused access. The Commissioner found the institution's reasons for delay, including safety concerns and the volume of records, did not justify the failure to meet its obligations under the Act, emphasizing that the Act does not permit pausing requests.
The President of the Canadian Food Inspection Agency 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.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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