The complainant alleged that the Department of Justice Canada (Justice) missed the deadline for responding to a request under the Access to Information Act. On October 31, 2019, upon completion an investigation, the Information Commissioner sent Justice a recommendation to respond to the request by December 15, 2019. Justice did not accept the recommendation, but committed to have the records disclosed by April 27, 2020. The Office of the Information Commissioner (OIC) complaint file was therefore closed on the basis of this commitment disclosure date.  When Justice failed to respond to the request by April 27, 2020, the OIC received the current complaint regarding the ongoing refusal of access. Pursuant to subsection 10(3) of the Act, when an institution fails to give access to a record requested, or a part thereof, within the time limits set out in the Act, the head of the institution is “deemed” to have refused to give access. The complaint is well founded. The Information Commissioner ordered Justice to respond to the access request by September 30, 2020.

Institution
Justice Canada
Section of the Act
10(3)
Decision Type
Order
Final report
Date modified:
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