Minor changes to requests should not stop the clock

Complaint: The National Capital Commission (NCC) had not responded for 10 months to a request for information about repairs, renovation work and maintenance at 24 Sussex Drive.

Investigation: The OIC learned that the requester reduced the scope of the request two weeks after submitting the request. The NCC considered this modification to be a new request and restarted the clock for responding. Just over a month later, the NCC took a 90-day extension because the search for the records would unreasonably interfere with operations (as per paragraph 9(1)(a)).

Outcome: The NCC responded to the request two years after it was made.

Information Commissioner’s position

  • Timely access is fundamental to the right of access. Receiving a response in a timely manner ensures information is still relevant and that the government can be held to account for its decisions at appropriate times.
  • The NCC’s decision to consider the revised request as new, and restart the clock, was inappropriate.
  • In addition, despite having had the records in its position for 10 months, the institution had not consulted the Royal Canadian Mounted Police about them. Having to do so further delayed the response.
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