Canadian privacy & access decisions

The complainant alleged that the Privy Council Office (PCO) failed to respond to an access request within the extended timeframe, constituting a deemed refusal under the Access to Information Act. The request sought records related to "ICSI Meetings 2001." PCO had extended the response period by 350 days, making the deadline August 17, 2023, but failed to respond by this date. The investigation revealed that the delay was due to PCO's ATIP office not initiating consultations and processing the request in a timely manner, citing employee shortages and high workload. The Information Commissioner found that PCO did not meet its obligation to respond within the statutory time limits, leading to a deemed refusal. The Commissioner emphasized PCO's ultimate responsibility to ensure timely responses, even when consultations are involved. The complaint was found to be well founded, and PCO was ordered to provide a complete response within 36 business days.

• Whether the institution responded within the extended period under subsection 9(1) of the Access to Information Act
• Whether the institution is deemed to have refused access to the requested records under subsection 10(3) of the Access to Information Act
• Whether the institution's reasons for delay (employee shortages, high workload, outstanding consultations) justify the failure to respond