Federal (Canada)Access to Information ActWell-founded

Indigenous Services Canada (Re), 2026 OIC 56

Organization: Indigenous Services CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Indigenous Services Canada (ISC) failed to respond to an access request within the extended due date. The request sought all transactions and communications related to providing safe drinking water to Grassy Narrows First Nation during a 25-year boil water advisory. ISC initially received over 17,000 pages of responsive records, leading to the file being backlogged due to volume and ongoing litigation. Despite the complainant agreeing to significantly narrow the scope of the request to final versions containing scientific analysis and sampling data, reducing the record count to an estimated 6,500 pages, ISC was unable to provide a work plan or an estimated response date. The Information Commissioner found that ISC failed to meet its obligation to respond within the extended period and ordered the institution to provide a complete response within 75 business days. ISC confirmed it would implement the order.

Key issues
  1. 1Whether Indigenous Services Canada responded to the access request within the extended time limit under subsection 9(1) of the Access to Information Act
  2. 2Whether Indigenous Services Canada's failure to provide a work plan or estimated response date after the scope was narrowed constituted a contravention of its obligations under the Act
Outcome breakdownFavours: Applicant / complainant
  • Timeliness of response: Institution failed to respond within extended due date
  • Order to respond: Institution ordered to provide complete response within 75 business days
  • Implementation of order: Institution confirmed implementation of order
Outcome

Complaint well founded — disclosure ordered

Reasoning

Indigenous Services Canada failed to respond to the access request within the extended period, and despite significant concessions by the complainant to narrow the scope, the institution could not provide a work plan or a new estimated response date, thereby contravening its obligations under the Act.

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Decision notes
Recommended action / remedy

The Minister of Indigenous Services is ordered to provide a complete response to the access request no later than 75 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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