The complainant alleged that 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 correspondence from specific dates sent or received by PHAC employees at the level of Assistant Deputy Minister or above related to standing offer 6D063-204744 and BTNX, Inc. The allegation falls under paragraph 30(1)(c) of the Act.

PHAC extended the time period by 255 days under paragraphs 9(1)(a), (b) and (c). If the extension were valid, the time limit for the response would be August 26, 2024.

PHAC could not show that it met all the requirements of paragraph 9(1)(a), in particular, that it had applied sufficient rigour and logic as part of a serious effort to determine a reasonable period for the extension of time.

Given that PHAC did not establish that the extension of time was reasonable, the extension is invalid and PHAC is deemed to have refused access under subsection 10(3).

The Information Commissioner ordered PHAC to provide a complete response to the access request no later than the 60th business day following receipt of the final report. PHAC gave notice to the Commissioner that it would comply with her order if no other unanticipated complexities arise. The Commissioner advised that, as indicated in her initial report, if the Minister does not intend to fully implement her order, he must apply to the Federal Court for a review within the time limit set out by the act.

The complaint is well founded.