Canadian privacy & access decisions

The complainant alleged that the Privy Council Office (PCO) failed to conduct a reasonable search for records related to "Ops 3" and "Ops 4" files under the Access to Information Act. Initially, PCO provided only two pages, which were a Records Retention and Disposal Authority form, not the requested operational records. The Office of the Information Commissioner (OIC) found that PCO's initial search was inadequate, particularly as no documents from specific Interdepartmental Committee on Security and Intelligence files, which were known to exist, were located. Following the OIC's intervention, PCO conducted a subsequent search and identified 251 additional responsive pages. The Commissioner concluded that the complaint was well founded because PCO did not conduct a reasonable search initially. PCO was ordered to complete the retrieval and processing of all responsive records and provide a supplementary response to the access request by December 22, 2024. PCO has committed to implementing this order.

• Whether the Privy Council Office conducted a reasonable search for records responsive to the access request

The complainant alleged that Library and Archives Canada (LAC) failed to respond to an access request within the extended time limit, constituting a deemed refusal under the Access to Information Act. The request sought historical records related to the Canadian Intelligence Program and the Joint Intelligence Organization. The investigation confirmed that LAC did not respond by the extended deadline of February 13, 2020, for a request received in July 2019. Despite the records comprising 135 pages and a consultation with Global Affairs Canada being completed, LAC had not finalized processing the request almost five years later. The Information Commissioner found the delay unacceptable and ordered LAC to provide a complete response within 36 business days. However, LAC notified the Commissioner that it would not implement the order due to workload prioritization, stating the records required careful review and further consultation.

• Whether Library and Archives Canada responded to the access request within the extended time limit under subsection 9(1) of the Access to Information Act
• Whether Library and Archives Canada is deemed to have refused access under subsection 10(3) of the Act due to delay

The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) failed to respond to an access request within the 30-day statutory period. The request sought specific documents related to a briefing note on litigation, some of which had been previously released. The investigation confirmed that CIRNAC did not respond by the deadline, leading to a deemed refusal of access under subsection 10(3) of the Act. The Information Commissioner found the delay by the Resolution & Partnerships unit in retrieving records, despite multiple follow-ups from the ATIP office, to be unacceptable. The Commissioner ordered CIRNAC to complete record retrieval and provide a full response within 36 business days. Additionally, the Commissioner recommended that CIRNAC develop proper processes and performance indicators to ensure timely record provision by its Offices of Primary Interest. CIRNAC agreed to implement the order but did not commit to the recommendations. The complaint was found to be well founded.

• Whether the institution responded to the access request within the 30-day period set out in section 7 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 Act
• Whether the delay by the Office of Primary Interest (Resolution & Partnerships unit) in retrieving records was acceptable