Federal (Canada) privacy & access decisions

The complainant alleged that the Privy Council Office (PCO) failed to respond to an access request within the extended deadline. The request was for records related to "ICSI Meetings 2001". The investigation found that PCO did not respond by the required date, and was therefore deemed to have refused access under subsection 10(3) of the Access to Information Act. The delay was attributed to the ATIP office's failure to initiate consultations and process the request promptly. The Information Commissioner ordered PCO to provide a complete response within 36 business days, and PCO has confirmed it will comply.

• Timeliness of response to an access request
• Definition of a response under the Act
• Institution's responsibility for delays caused by consultations

The complainant alleged that the Privy Council Office (PCO) failed to respond to an access to information request for electronic records mentioning specific terms within the extended deadline. The investigation found that PCO did not meet its response obligation, deeming access refused. The Information Commissioner ordered PCO to provide a complete response by November 30, 2024, and to provide interim releases where possible. PCO has indicated it will implement the order.

• Timeliness of response to access request
• Application of deeming provision for refusal of access
• Reasonableness of delays due to consultations and workload

The complainant alleged that Transport Canada failed to respond to an access request within the 30-day period required by the Access to Information Act. The request concerned records related to aircraft operations and restrictions. The investigation found that the institution took three months to locate potentially responsive records, leading to an unacceptable delay. The Information Commissioner found the complaint well-founded and ordered Transport Canada to provide a complete response within 36 business days.

• Failure to respond to an access request within the legislated time limit.
• Unacceptable delay in locating and processing responsive records.
• Whether the institution met its obligations under section 7 of the Access to Information Act.