The complainant alleged that the length of the extension of time the Public Health Agency of Canada (PHAC) took under subsection 9(1) of the Access to Information Act to respond to an access request was unreasonable. The request was for all records related to providing guidance to the provinces on social distancing from January 1, 2020 to April 26, 2022. The allegation falls under paragraph 30(1)(c) of the Act.

PHAC claimed a 1,380-day extension of time under paragraphs 9(1)(a) and 9(1)(b) to complete the processing of the request. If the extension were valid, the time limit for the response would be February 11, 2027.

During the investigation, PHAC showed that it met all the requirements of paragraphs 9(1)(a) and (b), in particular that the calculation of the time extension was sufficiently logical and supportable, and 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.

The OIC concluded that PHAC showed that it met all the requirements of paragraphs 9(1)(a) and (b). Therefore, the extension is reasonable and the due date to respond to the access request remains February 11, 2027. This being said, I invite the complainant and PHAC to collaborate to reduce the scope of the request so that fewer records will need to be processed and a response to the request could be released sooner.

The complaint is not well founded.

Institution
Public Health Agency of Canada
Section of the Act
9(1)
Decision Type
Final report
Date modified:
Submit a complaint