Canadian privacy & access decisions

The complainant alleged that Public Services and Procurement Canada (PSPC) failed to respond to an access request by the extended due date. The request sought all documents related to the Copyright Media Clearance Program for a specific period. PSPC had extended the response deadline by 420 days, but failed to provide a response by the new due date. The OIC found that PSPC did not meet its obligation to respond within the time limits, leading to a deemed refusal of access. Despite PSPC citing resource limitations and COVID-19 related difficulties, the Commissioner concluded that these were not valid reasons for continued delay. The Commissioner ordered PSPC to provide a final response within 10 days, but PSPC indicated it would not fully implement the order, proposing a phased approach with a later completion date.

• Whether the institution responded to the access request by the extended due date under subsection 9(1) of the Access to Information Act
• Whether the institution is deemed to have refused access under subsection 10(3) of the Access to Information Act

The complainant alleged that the Royal Canadian Mounted Police (RCMP) failed to conduct a reasonable search for records related to its "E Norther" file and National Administrative Records Management System (NARMS). Specifically, the complainant identified the RCMP's Legal Services Unit as a potential source of records, but the RCMP initially refused to search this area, claiming the records would not be under its control. The OIC's investigation found that any such records would likely be under the RCMP's control. The RCMP subsequently agreed to task its Legal Services Unit, which led to the identification and release of additional records to the complainant. The Commissioner concluded that the RCMP's initial search was not reasonable and ordered the RCMP to confirm with an outstanding Office of Primary Interest (OPI) and process any further responsive records. The RCMP later confirmed that the outstanding OPI had responded and an additional response was sent to the complainant.

• Whether the Royal Canadian Mounted Police conducted a reasonable search for records
• Whether records held by the RCMP's Departmental Legal Services Unit were under the control of the RCMP