The complainant alleged that Environment and Climate Change Canada (ECCC) 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 records related to a liquefied natural gas (LNG) export facility project known as “Cedar LNG”, from as early as January 2020. The allegation falls under paragraph 30(1)(a) of the Act.

The investigation determined that ECCC did not respond by the required date and is deemed to have refused access to the requested records under subsection 10(3). The delay was caused by the failure of the Offices of the Primary Interest (OPIs) and the Access to Information and Privacy (ATIP) office to provide records and process the request in a timely manner.

The Information Commissioner ordered that ECCC issue interim responses for documents not requiring consultation and provide a complete response to the access request no later than March 16, 2026.

The Commissioner also recommended that ECCC develop processes and procedures to ensure that OPIs provide responsive records in a timely manner, and develop performance indicators to hold its officials accountable for delays in providing responsive records to ECCC’s ATIP office.

ECCC gave notice to the Commissioner that it would be implementing the orders and recommendations and described how the recommendations are being implemented.

The complaint is well founded.