Canadian privacy & access decisions

The complainant alleged that Environment and Climate Change Canada (ECCC) failed to respond to an access request within the extended timeframe, as required by subsection 9(1) of the Access to Information Act. The request sought records concerning meetings and lobbying efforts of Pathways Alliance Inc. between January 14, 2023, and May 4, 2023. ECCC received the request on May 4, 2023, and extended the response period by 120 days, setting a new deadline of October 10, 2023, which it failed to meet. The investigation revealed that delays were primarily due to two offices of primary interest (OPIs) taking over 10 months to retrieve responsive records. The Commissioner found this delay unacceptable and concluded that ECCC did not meet its obligations under the Act. The complaint was found to be well founded, and ECCC was ordered to provide a complete response by August 7, 2024, and was given recommendations to improve internal processes.

• Whether Environment and Climate Change Canada responded to the access request within the extended period under subsection 9(1) of the Access to Information Act
• Whether the delay in responding was attributable to a lack of responsiveness from Offices of Primary Interest (OPIs)