Canadian privacy & access decisions

The complainant alleged that the Department of Justice Canada (Justice) took an unreasonable extension of time to respond to an access request for records pertaining to the booking and cancellation of a specific presentation. Justice claimed a 382-day extension, comprising 292 days under paragraph 9(1)(a) and 90 days under paragraph 9(1)(b) of the Access to Information Act. The Commissioner found that the 292-day extension under 9(1)(a) was unreasonable and unjustified, noting that the request was clear and concise, and the institution's reasons (such as OPI workload and a low page review rate) were not sufficient. Furthermore, Justice failed to respond within the 90-day extension claimed under 9(1)(b), leading to a deemed refusal of access under subsection 10(3). The Commissioner also criticized Justice for basing its extension on an inflated page count due to unaddressed duplicates and non-relevant records. The complaint was found to be well-founded, and Justice was ordered to provide a complete response within 36 business days.

• Whether the 292-day extension of time under paragraph 9(1)(a) was reasonable and justified
• Whether the 90-day extension of time under paragraph 9(1)(b) was reasonable and justified
• Whether the institution failed to respond within the extended period
• Whether the institution was deemed to have refused access under subsection 10(3)
• Whether the institution's page count for the extension was accurate and reflected responsive records

The complainant alleged that Public Services and Procurement Canada (PSPC) improperly refused to process an access request for all emails of a named employee. PSPC argued that the request lacked sufficient detail because it did not specify a subject matter or timeframe. The Information Commissioner found that PSPC failed to demonstrate that an experienced institutional employee could not identify the relevant records with reasonable effort, even without a specified subject or timeframe. The Commissioner concluded that PSPC's refusal to process the request was unreasonable and that the institution was deemed to have refused access due to not responding by the legislated due date. Given the estimated 50,000 pages of responsive records, the Commissioner ordered PSPC to provide a complete response by July 9, 2029, and recommended training for employees on information management. PSPC agreed to implement both the order and the recommendation, leading to a well-founded complaint.

• Whether the access request met the requirements of section 6 of the ATIA
• Whether the request provided enough detail for experienced institutional employees to identify relevant records with a reasonable effort
• Whether PSPC's refusal to process the request was reasonable
• Whether PSPC was deemed to have refused access under subsection 10(3) of the ATIA