The Information Commissioner initiated a complaint against the Department of Canadian Heritage (PCH) based on reports that the institution had suspended its processing of access requests as a result of the COVID-19 pandemic. The investigation found that between March 16, 2020 and July 10, 2020, PCH’s Access to Information and Privacy Secretariat was not granted access to its work premises and was unable to access its departmental network remotely. This created a backlog of 224 access requests.

The complaint is well founded as PCH’s failure to respond to the 224 access requests was not based on any of the specified circumstances set out in subsection 9(1) and effectively breached the requesters’ quasi-constitutional rights of access under the Act.

The Commissioner made six recommendations to the Minister of Canadian Heritage who agreed to take corrective measures to ensure that PCH is fully meeting its obligations under the Act.