Canadian privacy & access decisions

The complainant alleged that the Privy Council Office (PCO) failed to respond to an access request for minutes of the Joint Intelligence Committee from 1971 within the statutory time limits. PCO cited its "no late file" policy as the reason for closing the file when consultations with other institutions were not completed on time. The Information Commissioner found that PCO's failure to respond constituted a deemed refusal under the Act.

• Failure to respond within ATIA time limits
• Validity of "no late file" policy
• Deemed refusal under subsection 10(3) of the ATIA

The complainant alleged that the Privy Council Office (PCO) failed to respond to an access request for minutes of the Joint Intelligence Committee from 1962 within the statutory time limits. PCO claimed an extension and then closed the file, stating it had not received recommendations from other government institutions, based on its “no late file” policy. The Information Commissioner found that the Act does not authorize this reason for non-response and that PCO was in deemed refusal.

• Failure to respond to an access request within the statutory time limits
• Validity of PCO's "no late file" policy
• Application of subsection 10(3) of the Access to Information Act (deemed refusal)

The complainant alleged that the Privy Council Office (PCO) failed to respond to an access request for minutes of the Joint Intelligence Committee from 1968 within the statutory time limits. PCO claimed an extension for consultations, but when other institutions did not respond, PCO closed the file based on its "no late file" policy. The OIC found that the Act does not permit PCO to fail to respond due to unreceived recommendations and determined PCO was in deemed refusal.

• Timeliness of response to access request
• Proper application of time extension provisions
• PCO's "no late file" policy in relation to the Act