Canadian privacy & access decisions

The complainant alleged that Public Services and Procurement Canada (PSPC) took an unreasonable extension of time under subsection 9(1) of the Access to Information Act to respond to a request for documents related to parliamentary consideration of ArriveCAN. The OIC investigated two allegations: that the extension was unreasonable (s.30(1)(c)) and that it did not meet the requirements of section 9 (s.30(1)(a)). PSPC had extended the response time by 600 days under paragraph 9(1)(a) for volume of records and 150 days under paragraph 9(1)(b) for consultations. The OIC found that the extension under 9(1)(a) was reasonable due to the large volume of records and potential interference with operations. However, the OIC determined that the 150-day extension under 9(1)(b) was not reasonable because PSPC relied primarily on service standards rather than a genuine assessment of the actual time required for consultations. Consequently, the OIC concluded that PSPC was deemed to have refused access under subsection 10(3) and ordered PSPC to provide a complete response by June 1, 2026, also recommending interim releases for non-consultation documents. PSPC agreed to implement the order and recommendation.

• Whether the extension of time taken under subsection 9(1) was unreasonable (s.30(1)(c))
• Whether the extension of time taken met the requirements of section 9 (s.30(1)(a))
• Whether the request was for a large number of records under paragraph 9(1)(a)
• Whether meeting the 30-day deadline would unreasonably interfere with the institution’s operations under paragraph 9(1)(a)
• Whether the extension of time under paragraph 9(1)(a) was for a reasonable period
• Whether consultations were necessary under paragraph 9(1)(b)
• Whether consultations could reasonably be completed within 30 days under paragraph 9(1)(b)
• Whether the extension of time under paragraph 9(1)(b) was for a reasonable period
• Whether PSPC was deemed to have refused access pursuant to subsection 10(3)