Federal (Canada) privacy & access decisions

The complainant alleged that Transport Canada failed to respond to an access request within the 30-day statutory period. The request sought records from specific dates concerning the operation and restrictions of certain aircraft, received and distributed by a particular employee. Transport Canada received the request on January 4, 2024, but did not issue a response within the 30-day timeframe, nor did it seek an extension or transfer the request. The investigation revealed that the program area took three months to locate 148 pages of potentially responsive records. Transport Canada subsequently identified 12 pages as potential Cabinet confidences and initiated consultations, projecting a response date of October 18, 2024. The Commissioner found the delay unacceptable, given the small volume of records, and concluded that Transport Canada failed to meet its obligations under the Act. The complaint was found to be well founded, and Transport Canada was ordered to provide a complete response.

• Whether Transport Canada responded to the access request within the 30-day period set out in section 7 of the Access to Information Act
• Whether Transport Canada validly extended the 30-day period for responding under section 9 of the Access to Information Act
• Whether Transport Canada is deemed to have refused access to the requested records under subsection 10(3) of the Access to Information Act

The complainant alleged that National Defence (DND) failed to respond to an access request within the 30-day period mandated by section 7 of the Access to Information Act. The request sought all documentation related to unidentified objects shot down in Yukon and over Lake Huron in February 2023, including emails, photos, and reports. The investigation confirmed that DND received the request on March 16, 2023, and did not extend the response period, making the due date April 17, 2023. DND failed to respond by this date, leading to a deemed refusal under subsection 10(3). The Commissioner found the delay by DND's Offices of Primary Interest (OPIs) in providing responsive records unacceptable, noting that one OPI provided incomplete records and another none at all. The Commissioner concluded that DND did not meet its obligations under the Act. The complaint was found to be well founded, and DND was ordered to provide a complete response within 36 business days.

• Whether National Defence responded to the access request within the 30-day period required by section 7 of the Access to Information Act
• Whether National Defence is deemed to have refused access under subsection 10(3) due to failure to respond within statutory timelines

The complainant alleged that the Department of Justice Canada (Justice) failed to respond to an access request within the statutory time limit, improperly placed the request on hold, and did not meet its duty to assist the requester. The request sought records related to COVID-19 vaccination mandates for federal employees and travel. The Commissioner found that Justice improperly placed the request on an indefinite hold, as there is no provision in the Act for such an action. Justice also failed to provide updates and assistance to the complainant, thereby not meeting its obligations under subsection 4(2.1). Furthermore, Justice did not respond to the request by the statutory deadline, leading to a deemed refusal of access. The Commissioner rejected Justice's estimated 14-year processing time as unreasonable and ordered Justice to remove the hold, provide a complete response by May 17, 2029, and issue regular updates and interim releases.

• Whether the institution responded within the time limit set out in section 7 ATIA
• Whether the institution took an invalid extension of time under section 9 ATIA
• Whether the institution improperly placed the access request on hold
• Whether the institution improperly communicated by phone
• Whether the institution met its responsibilities under subsection 4(2.1) ATIA to assist the requester
• Whether there was evidence of an offence under section 67.1 ATIA

The complainant alleged that the Canada Revenue Agency (CRA) failed to respond to an access request within the extended timeframe, a violation under paragraph 30(1)(a) of the Access to Information Act. The request sought all documents related to House of Commons committee studies concerning the Pierre Elliott Trudeau Foundation between February 1, 2023, and July 14, 2023. The OIC's investigation revealed that while 5,782 pages of responsive records had been identified, one of CRA's Offices of Primary Interest (OPIs) had not yet provided an additional 4,715 pages for review. Despite the outstanding work, the Information Commissioner found that CRA had not met its obligation to respond within the extended period, deeming it a refusal of access under subsection 10(3). The Commissioner ordered CRA to issue a complete response by January 8, 2025, and made recommendations for improving internal processes and accountability for timely record provision. CRA agreed to implement the order and consider the recommendations.

• Whether the institution responded to the access request within the extended period under subsection 9(1) of the Access to Information Act
• Whether the institution is deemed to have refused access under subsection 10(3) due to failure to respond within the statutory timeframe