Canadian privacy & access decisions

The complainant alleged that Health Canada failed to respond to an access request within the statutory time limits. The request sought records from specific dates related to parliamentary proceedings concerning the Public Health Agency of Canada and the National Microbiology Laboratory. Health Canada received the request and extended the response period by 210 days, but failed to respond by the extended deadline, leading to a deemed refusal under subsection 10(3) of the Act. The investigation revealed that Health Canada had completed processing the request but then put the response on hold, citing ongoing investigations into the National Microbiology Laboratory incident. The Information Commissioner found that the Act does not authorize an institution to 'pause' a response pending an investigation, emphasizing that concerns about sensitive information should be addressed through the timely application of exemptions. Although the Commissioner initially intended to order a response, Health Canada subsequently provided one, rendering the order unnecessary. The complaint was found to be well founded.

• Whether Health Canada responded to the access request within the statutory time limits or extended period
• Whether Health Canada's decision to 'pause' the response to an access request pending an investigation is authorized under the Access to Information Act
• Whether a deemed refusal occurred under subsection 10(3) of the Act

The complainant alleged that Transport Canada failed to respond to an access request within the 30-day statutory period for records related to an Issue Paper on Human External Cargo via Helicopter. The investigation revealed that Transport Canada's Office of Primary Interest (OPI), Safety and Security, missed the initial tasking request for records, causing significant delays. Transport Canada was deemed to have refused access under subsection 10(3) of the Act due to its failure to respond within the statutory timeframe. The Information Commissioner ordered Transport Canada to provide a complete response to the access request. Although Transport Canada later advised the complainant that responsive records were being processed under a separate request, the Commissioner determined this did not constitute a "complete response" as it did not provide actual access or a denial with reasons. The Commissioner also recommended that the Minister of Transport develop processes to ensure timely record provision by OPIs and establish performance indicators for senior officials regarding delays. The complaint was found to be well founded.

• Whether Transport Canada responded to the access request within the 30-day period under section 7 of the ATIA
• Whether Transport Canada's referral to another access request constituted a complete response
• Whether the delay by the Office of Primary Interest (OPI) was acceptable