Canadian privacy & access decisions

The complainant alleged that the Department of Justice Canada (Justice) failed to respond to an access request within the statutory time limit, improperly placed the request on hold, and did not meet its duty to assist the requester. The request sought records related to COVID-19 vaccination mandates for federal employees and travel. The Commissioner found that Justice improperly placed the request on an indefinite hold, as there is no provision in the Act for such an action. Justice also failed to provide updates and assistance to the complainant, thereby not meeting its obligations under subsection 4(2.1). Furthermore, Justice did not respond to the request by the statutory deadline, leading to a deemed refusal of access. The Commissioner rejected Justice's estimated 14-year processing time as unreasonable and ordered Justice to remove the hold, provide a complete response by May 17, 2029, and issue regular updates and interim releases.

• Whether the institution responded within the time limit set out in section 7 ATIA
• Whether the institution took an invalid extension of time under section 9 ATIA
• Whether the institution improperly placed the access request on hold
• Whether the institution improperly communicated by phone
• Whether the institution met its responsibilities under subsection 4(2.1) ATIA to assist the requester
• Whether there was evidence of an offence under section 67.1 ATIA

The complainant alleged that National Defence (DND) failed to respond to an access request within the 30-day period mandated by section 7 of the Access to Information Act. The request sought all documentation related to unidentified objects shot down in Yukon and over Lake Huron in February 2023, including emails, photos, and reports. The investigation confirmed that DND received the request on March 16, 2023, and did not extend the response period, making the due date April 17, 2023. DND failed to respond by this date, leading to a deemed refusal under subsection 10(3). The Commissioner found the delay by DND's Offices of Primary Interest (OPIs) in providing responsive records unacceptable, noting that one OPI provided incomplete records and another none at all. The Commissioner concluded that DND did not meet its obligations under the Act. The complaint was found to be well founded, and DND was ordered to provide a complete response within 36 business days.

• Whether National Defence responded to the access request within the 30-day period required by section 7 of the Access to Information Act
• Whether National Defence is deemed to have refused access under subsection 10(3) due to failure to respond within statutory timelines

The complainant alleged that the Canada Revenue Agency (CRA) failed to respond to an access request within the extended timeframe, a violation under paragraph 30(1)(a) of the Access to Information Act. The request sought all documents related to House of Commons committee studies concerning the Pierre Elliott Trudeau Foundation between February 1, 2023, and July 14, 2023. The OIC's investigation revealed that while 5,782 pages of responsive records had been identified, one of CRA's Offices of Primary Interest (OPIs) had not yet provided an additional 4,715 pages for review. Despite the outstanding work, the Information Commissioner found that CRA had not met its obligation to respond within the extended period, deeming it a refusal of access under subsection 10(3). The Commissioner ordered CRA to issue a complete response by January 8, 2025, and made recommendations for improving internal processes and accountability for timely record provision. CRA agreed to implement the order and consider the recommendations.

• Whether the institution responded to the access request within the extended period under subsection 9(1) of the Access to Information Act
• Whether the institution is deemed to have refused access under subsection 10(3) due to failure to respond within the statutory timeframe

The complainant alleged that Public Services and Procurement Canada (PSPC) took an unreasonable extension of time to respond to an access request for materials related to the sixth interprovincial crossing between Gatineau and Ottawa, and improperly regrouped this request with others to justify the extension. PSPC had extended the response time by 768 days under paragraph 9(1)(a) and an additional 300 days under paragraph 9(1)(b), citing a large volume of complex and sensitive records (2,404 pages) and the need to avoid interference with operations. The Commissioner found that PSPC failed to demonstrate that the 768-day extension was reasonable or justified, concluding that the requirements of paragraph 9(1)(a) were not met. Consequently, the Commissioner did not need to assess the 9(1)(b) extension. Regarding the regrouping allegation, the Commissioner found no evidence that PSPC would not have claimed the extension without regrouping, especially since the requester had agreed to it. The complaint was found to be well founded concerning the unreasonable extension of time, and PSPC was ordered to provide a complete response within 36 business days.

• Whether the extension of time taken under subsection 9(1) was unreasonable (30(1)(c))
• Whether the request was for a large number of records or required searching through a large number of records (9(1)(a))
• Whether meeting the 30-day time limit would unreasonably interfere with the institution’s operations (9(1)(a))
• Whether the extension of time was for a reasonable period, having regard to the circumstances (9(1)(a))
• Whether PSPC improperly regrouped the access request with other requests to take the extension of time (30(1)(f))
• Whether PSPC was in deemed refusal under subsection 10(3)

A federal institution applied to the Information Commissioner for approval to decline to act on an access request under subsection 6.1(1) of the Access to Information Act. The institution argued that the request was vexatious, an abuse of the right of access, and made in bad faith. The Commissioner found that the institution successfully demonstrated that the access request was vexatious. Consequently, the Commissioner determined that the circumstances justified granting the institution's request to decline to act on the access request. The application was therefore granted, allowing the institution to refuse processing the request.

• Whether the access request was vexatious under s.6.1(1) ATIA
• Whether the access request constituted an abuse of the right of access under s.6.1(1) ATIA
• Whether the access request was made in bad faith under s.6.1(1) ATIA
• Whether the circumstances warranted approval to decline to act on the request