131 decisions found

Jun 3

Commissioner will exercise full powers in cases of extreme delay

Canadian Broadcasting Corporation
Section of the Act
Decision Type
notable investigation

Complaint: The CBC failed, in 32 instances, to meet a deadline previously negotiated with the OIC to respond to more than 260 outstanding requests.

Investigation: To investigate the 32 complaints the Commissioner initiated, the OIC asked the CBC for the processing file for each request. The OIC also informed the CBC that the Commissioner would exercise her formal powers to compel it to produce the responsive records, if required. In response, the CBC forwarded the processing files but not the responsive records.

Outcome: The CBC responded to all of the outstanding requests before it became necessary to issue the order for production of records. These and other requests also became the subject of court proceedings by the complainant.

Information Commissioner’s position:

  • The Commissioner will use her formal powers—including compelling institutions to produce records—to ensure requesters’ rights are respected.
  • In this case, doing so expedited the eventual response to more than 30 requests.
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