Canadian privacy & access decisions

The Information Commissioner initiated a systemic investigation into the Royal Canadian Mounted Police's (RCMP) ability to provide timely responses to access to information requests between 2016-2017 and 2018-2019. The investigation was prompted by persistent complaints about the RCMP's failure to meet statutory timeframes and its lack of participation in delay complaint investigations. The Commissioner found that the RCMP's performance had significantly deteriorated, with a substantial increase in requests taking over 365 days to complete and a growing backlog. The RCMP attributed these issues to its geographical dispersion, the volume of requests, and the sensitive nature of its information holdings. The Commissioner made 15 recommendations across six areas, including tasking processes, procedures, training, electronic systems, resources, and a comprehensive strategy. However, the Minister of Public Safety's response largely ignored or inadequately addressed most of these recommendations, failing to commit to concrete plans or provide explanations for not addressing identified failings. Consequently, the Commissioner found the complaint to be well-founded, concluding that the Minister had accepted the status quo despite the dire situation.

• Whether the RCMP's tasking processes contributed to delays in responding to access requests
• Whether the RCMP's procedures for processing access requests were adequate and consistently applied
• Whether the RCMP provided sufficient training to staff involved in access to information
• Whether the RCMP's electronic systems were adequate for processing access requests efficiently
• Whether the RCMP had adequate human and financial resources for its access to information program
• Whether the RCMP had a comprehensive strategy to meet its access obligations and reduce its backlog
• Whether the Minister of Public Safety's response to the Commissioner's recommendations was satisfactory
• Whether the RCMP's failure to provide representations to the OIC during delay complaint investigations was appropriate

The complainant alleged that the Privy Council Office (PCO) failed to respond to an access request within the statutory time limits. The request sought minutes of the Joint Intelligence Committee from 1957 to 1958. PCO claimed an extension, partly for consultations with other government institutions. When these consultations were not completed by the deadline, PCO closed the file, citing a "no late file" policy and the absence of recommendations from consulted institutions. The Office of the Information Commissioner found that the Access to Information Act does not permit an institution to close a file or fail to respond due to outstanding consultations. Consequently, PCO was deemed to be in refusal under subsection 10(3) of the Act. The Commissioner recommended that PCO respond to the request and revise its policy to comply with the Act. PCO did not implement the recommendations.

• Whether the institution responded to the access request within the time limits set out in the Access to Information Act
• Whether an institution can close an access request file due to outstanding consultations with other government institutions
• Whether the institution was in deemed refusal pursuant to subsection 10(3) of the Act