Crown-Indigenous Relations and Northern Affairs Canada 2026 OIC 10
Date: 2026-01-13
OIC file number: 5825-01409
Access request number: CIRNAC-A-2024-00232
Summary
The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) did not respond within the extended period under subsection 9(1) of the Access to Information Act to an access request. The request was for the following:
“From April 1, 2021 all "Activity Progress Reports" regarding the Tk'emlups Indian Residential School Survivor Project or any related "missing children" program as referenced in the attached records.”
The allegation falls under paragraph 30(1)(a) of the Act.
The investigation determined that CIRNAC did not respond by the extended date and is deemed to have refused access to the requested records under subsection 10(3).
According to CIRNAC, the delay was caused by “resource limitations”.
The Information Commissioner determined that the delay in the review of records is unacceptable as nothing in the Act allows CIRNAC to delay processing requests due to limited staff or other competing priorities.
The Information Commissioner ordered that CIRNAC provide a complete response to the access request no later than 36 business days after the date of the final report.
CIRNAC gave notice to the Commissioner that it would be implementing the order.
The complaint is well founded.
Complaint
[1]The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) did not respond within the extended period under subsection 9(1) of the Access to Information Act to an access request. The request was for the following:
From April 1, 2021 all "Activity Progress Reports" regarding the Tk'emlups Indian Residential School Survivor Project or any related "missing children" program as referenced in the attached records.
[2]The allegation falls under paragraph 30(1)(a) of the Act.
Investigation
Time limits for responding to access requests
[3]Section 7 requires institutions to respond to access requests within 30 days unless they have transferred a request to another institution or validly extended the 30-day period for responding by meeting the requirements of section 9. When an institution does not respond to a request within the 30-day or extended period, it is deemed to have refused access to the requested records under subsection 10(3).
[4]Nevertheless, the institution is still required to provide a response to the access request.
What is a response?
[5]The response must be in writing and indicate whether the institution is giving access to any or part of the requested records.
- When the response indicates that the institution has given access to the records or part of them, the institution must provide access to those records.
- When the response indicates that the institution has denied access to the records or part of them, the institution must explain that the records do not exist or that the institution has exempted them, or part of them, under a specific provision, which the institution must name.
[6]In specific circumstances, the institution may refuse to confirm or deny in its response whether records exist under subsection 10(2).
Did the institution respond within the time limits?
[7]CIRNAC received the request on January 24, 2025. On March 3, 2025, CIRNAC extended the period within which it had to respond to the request by 120 days under paragraph 9(1)(a) and (c), making the time limit to respond June 23, 2025.
[8]CIRNAC did not respond to the access request by that date. I conclude, therefore, that CIRNAC did not meet its obligation to respond within the extended period. CIRNAC is deemed to have refused access to the requested records under subsection 10(3).
[9]Based on information provided by CIRNAC, two Offices of Primary Interest, Resolution & Partnerships, and Policy & Strategic Decision, were tasked with retrieving relevant records on January 27, 2025. In total, 576 pages of relevant records were received in response to the tasking. CIRNAC stated that the review of records has not yet begun as “ATIP does not have sufficient capacity to start the analysis of this file, given current resource limitations”. As the review of records has not begun, CIRNAC is not certain whether consultations with other institutions or third parties will be necessary. CIRNAC did not provide a planned date for a complete response to the access request.
[10]I find the time taken by CIRNAC to advance the processing of this request unacceptable. Nothing in the Act allows CIRNAC to delay processing requests due to limited staff or other competing priorities. As such, any additional time that is taken to respond to this request is another day by which the complainant’s rights of access are being denied. This lack of responsiveness is in clear contravention of CIRNAC’s obligations under the Act and undermines the credibility of the access system.
[11]Considering the length of time that the response to the access request has been outstanding and CIRNAC’s responsibility to provide the complainant with a timely response, I find that CIRNAC must respond to the request without further delay.
Outcome
[12]The complaint is well founded.
Order
I order the Minister of Crown-Indigenous Relations and Northern Affairs to provide a complete response to the access request no later than 36 business days following the date of the final report.
Initial report and notice from institution
On December 8, 2025, I issued my initial report to the Minister setting out my order.
On December 19, 2025, the Corporate Secretary, Crown-Indigenous Relations and Northern Affairs Canada, gave me notice that CIRNAC would be implementing my order.
Review by Federal Court
When an allegation in a complaint falls under paragraph 30(1)(a), (b), (c), (d), (d.1) or (e) of the Act, the complainant has the right to apply to the Federal Court for a review. When the Information Commissioner makes an order(s), the institution also has the right to apply for a review. Whoever applies for a review must do so within 35 business days after the date of this report and serve a copy of the application for review to the relevant parties, as per section 43. If no one applies for a review by this deadline, this order takes effect on the 36th business day after the date of this report.