Decisions

The complainant alleged that the length of the extension of time Immigration and Refugee Board of Canada (IRB) took under subsection 9(1) of the Access to Information Act to respond to an access request was unreasonable. The request was for records produced on or after December 31, 2019, related to the updated version of the Weighing Evidence document available on the IRB’s website. The complaint falls under paragraph 30(1)(c) of the Act. IRB claimed a 1,295-day extension of time pursuant to paragraph 9(1)(a). If the extension were valid, the time limit for the response would be March 31, 2025. IRB could not show that it met all the requirements of paragraph 9(1)(a), in particular that the calculation of the time extension was sufficiently logical and supportable, or that providing access to the records within any materially lesser period of time than the one asserted would unreasonably interfere with its operations. Given that IRB did not establish that the requested extension of time was reasonable, the extension is invalid, and IRB is deemed to have refused access pursuant to subsection 10(3). The Information Commissioner ordered the Chairman of IRB to process all records within the scope of the request as soon as possible but no later than April 18, 2023. The Chairman of IRB gave notice to the Commissioner that it would be implementing her order.

The complaint is well founded.

The complainant alleged that Library and Archives Canada (LAC) improperly withheld information under subsection 15(1) (national security, defence) of the Access to Information Act in response to an access request for historical documents regarding the defence of the Arctic region.

The complaint falls within paragraph 30(1)(a) of the Act. LAC could not show that it met all of the requirements of this exemption—in particular, how the release of the subject information would harm national security and/or the defence of Canada.

The Information Commissioner recommended that LAC disclose the records in their entirety. LAC gave notice to the Information Commissioner that it would be implementing the recommendation.

The complaint is well founded.

The complainant alleged that the Office of the Auditor General of Canada (OAG) had incorrectly decided that witness statements and documentation employed to support a harassment investigation final report were not under its control and that it could not, therefore, give access to these records in response to an access request under the Access to Information Act. The complaint falls within paragraph 30(1)(a) of the Act.

Although the records were not in the physical possession of the OAG, the Office of the Information Commissioner found that several relevant factors pointed to the records being under the control of the OAG. During the investigation, the OAG retrieved and processed the responsive records.

The complaint is well founded.