Canadian privacy & access decisions

The complainant alleged that Environment and Climate Change Canada (ECCC) failed to respond to an access request within the extended timeframe, constituting a deemed refusal under subsection 10(3) of the Access to Information Act. The request sought records related to the "Cedar LNG" export facility project. The investigation found that ECCC did not respond by the required date, attributing the delay to the Offices of Primary Interest (OPIs) and the ATIP office's failure to provide and process records in a timely manner. The Commissioner found the delay unacceptable and ordered ECCC to issue interim responses for documents not requiring consultation and to provide a complete response by March 16, 2026. The Commissioner also recommended that ECCC develop processes to ensure timely record provision from OPIs and establish performance indicators for accountability. ECCC agreed to implement the orders and recommendations. The complaint was found to be well founded.

• Whether Environment and Climate Change Canada responded to the access request within the extended period under subsection 9(1) of the Access to Information Act
• Whether the delay in responding constituted a deemed refusal under subsection 10(3) of the Access to Information Act
• Whether the delays caused by Offices of Primary Interest (OPIs) in providing records were acceptable
• Whether the proposed timeline for completing the review and consultations was reasonable