Canadian privacy & access decisions

The complainant alleged that Public Safety Canada (Public Safety) took an unreasonable extension of time to respond to an access request for correspondence between Public Safety and the Royal Canadian Mounted Police (RCMP). Public Safety claimed a 240-day extension under paragraphs 9(1)(a) and 9(1)(b) of the Access to Information Act. The Commissioner found that Public Safety properly notified the complainant of the extension. However, Public Safety failed to demonstrate that the request involved a large number of records or that processing it within 30 days would unreasonably interfere with its operations, thus not meeting the requirements of paragraph 9(1)(a). While Public Safety needed to consult with the RCMP, the Commissioner found the 180-day consultation period requested by the RCMP, based on service standards rather than complexity, to be unreasonable. Consequently, the Commissioner concluded that Public Safety did not meet the requirements for a valid extension under either paragraph 9(1)(a) or 9(1)(b), rendering the extension invalid. Public Safety was deemed to have refused access under subsection 10(3) of the Act.

• Whether the institution properly notified the complainant of the extension of time
• Whether the access request was for a large number of records under s.9(1)(a)
• Whether meeting the 30-day deadline would unreasonably interfere with the institution's operations under s.9(1)(a)
• Whether the institution needed to carry out consultations on the requested records under s.9(1)(b)
• Whether the consultations could reasonably be completed within 30 days under s.9(1)(b)
• Whether the extension of time was for a reasonable period under s.9(1)(b)
• Whether the institution responded within the time limits

The complainant alleged that the Public Health Agency of Canada (PHAC) failed to conduct a reasonable search for records in response to two access requests. The requests sought electronic records related to masks, sent or received by a specific warehouse manager within defined timeframes. Initially, PHAC found no responsive records because the employee had deleted their entire mailbox, considering the contents transitory. During the OIC's investigation, PHAC conducted additional searches using IT forensics and identified 107 pages of responsive records, which were subsequently released. The Commissioner found that PHAC's initial search was inadequate as it did not consider other potential sources of records, such as emails sent to or from the employee by others, or corporate repositories. Despite the subsequent release of records and PHAC's commitment to an action plan for improved information management, the Commissioner concluded that the complaints were well founded due to the initial failure to conduct a reasonable search.

• Whether the Public Health Agency of Canada conducted a reasonable search for records in response to the first access request (5820-04413)
• Whether the Public Health Agency of Canada conducted a reasonable search for records in response to the second access request (5820-04414)
• Whether the deletion of an employee's email account impacted the ability to conduct a reasonable search
• Whether PHAC considered all reasonable sources for responsive records

The complainant alleged that Public Services and Procurement Canada (PSPC) failed to respond to an access request for records concerning the procurement of new handguns for the military within the 30-day statutory time limit. PSPC received the request on June 4, 2021, and the response was due by July 5, 2021, but no response was provided. PSPC cited a backlog, operational challenges, heavy workloads, staff turnover, and competing priorities as reasons for the delay, and indicated a plan to respond by February 28, 2025. The Commissioner found that PSPC's reasons, including staffing shortages and the need for inter-institutional consultations, did not absolve it of its statutory obligation to provide a timely response. The Commissioner concluded that PSPC failed to meet its obligations under the Act and was deemed to have refused access. The complaint was found to be well founded, and PSPC was ordered to provide a complete response within 36 business days, an order which PSPC indicated it would not fully implement.

• Whether the institution responded to the access request within the 30-day time limit set out in section 7 of the Access to Information Act
• Whether the institution's reasons for delay (backlog, operational challenges, staff turnover, competing priorities, inter-institutional consultations) absolved it of its statutory obligation to respond within the time limit