Federal (Canada) privacy & access decisions

The complainant alleged that Canadian Heritage (PCH) failed to conduct reasonable searches for records concerning registered lobbying communications from 2020-2021. The Information Commissioner found that while the Offices of Primary Interest (OPIs) initially tasked did their jobs, PCH did not involve all OPIs most likely to hold responsive records, specifically the Corporate Secretariat and the Digital and Creative Marketplace Frameworks. The Commissioner ordered PCH to task the relevant OPIs, conduct new searches, and provide access to any additional responsive records.

• Reasonableness of searches conducted by the institution.
• Proper identification and tasking of Offices of Primary Interest (OPIs) to conduct searches.
• Whether all relevant records were identified and located.

The complainant alleged that the Privy Council Office (PCO) failed to respond to an access request within the extended deadline. The request sought records related to committee studies of foreign election interference. The OIC found that PCO did not respond by the required date and is deemed to have refused access. The delay was attributed to the large volume of records and slow consultations. The Information Commissioner ordered PCO to provide a complete response by November 15, 2024, which PCO has committed to doing.

• Failure to respond to an access request within the statutory time limits.
• Deemed refusal of access due to non-response.
• Timeliness of consultations with other government departments.

The complainant alleged that Indigenous Services Canada (ISC) took an unreasonable amount of time to respond to an access request for records concerning G&R Recyclage. ISC cited the large volume of records (over 17,000 pages) and the need for third-party consultations as reasons for the delay. The Information Commissioner found the complaint to be well-founded, ordering ISC to issue third-party notices by October 1, 2024, and provide a complete response by December 12, 2024. ISC indicated it would comply with the order.

• Reasonableness of time extension for access to information request
• Volume of records and complexity of processing
• Necessity of third-party consultations