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.