Decisions

The complainant alleged that the Public Health Agency of Canada (PHAC) did not conduct a reasonable search in response to two access requests made under the Access to Information Act. The complaints fall within paragraph 30(1)(a) of the Act.

Each request sought electronic records sent or received by a warehouse manager within specified timeframes related to masks.

PHAC did not identify any records responsive to either access request. The investigation revealed that the employee deleted the contents of their e-mail box and therefore could not retrieve responsive records. During the investigation, PHAC conducted additional searches and identified responsive records.

The complaints are well founded.

The complainant alleged that the length of the extension of time Public Safety Canada (Public Safety) took under subsection 9(1) of the Access to Information Act to respond to an access request was unreasonable. The request was for all correspondence between the Royal Canadian Mounted Police and Public Safety Canada for the period of May 1 to 31, 2022. The complaint falls within paragraph 30(1)(c) of the Act. Public Safety claimed a 240-day extension of time pursuant to paragraphs 9(1)(a) and 9(1)(b). If the extension were valid, the time limit for the response would be June 12, 2023. Public Safety could not show that it met all the requirements of paragraphs 9(1)(a) and 9(1)(b), in particular that the calculation of the time extension was sufficiently logical and supportable, or that providing access to the records within any materially lesser period of time than the one asserted would unreasonably interfere with its operations and that the consultations could not reasonably be completed within 30 days. Given that Public Safety did not establish that the extension of time was reasonable, the extension is invalid and Public Safety is deemed to have refused access under subsection 10(3). The Information Commissioner ordered the Minister of Public Safety to provide a complete response to the access request on the 36^th business day following the date of the final report. The Director of ATIP and Executive Services at Public Safety gave notice to the Commissioner that they would be implementing her order.

The complaint is well founded.

The complainant alleged that Public Services and Procurement Canada (PSPC) did not respond to an access request for all records regarding the procurement of new handguns for the military, for the period June 1, 2020 to June 4, 2021, within the 30‐day time limit set out in section 7 of the Access to Information Act. The complaint falls within paragraph 30(1)(a) of the Act.

PSPC had not responded to the access request when the 30‐day time limit expired on July 5, 2021.

The complaint is well founded.

The Information Commissioner ordered the Minister of Public Works and Government Services to provide a final response to the access request no later than the 36^th business day after the date of the final report.

PSPC gave notice that it would not be implementing the order. I must remind the Minister that if she does not intend to fully implement my order, she has to apply to the Federal Court for a review by the following deadline.