British Columbia Information and Privacy Commissioner Orders Ministry of Agriculture and Food to Respond to Access Request

Strategic Insights -

In a decision dated January 27, 2025, the British Columbia Information and Privacy Commissioner, Elizabeth Barker, ordered the Ministry of Agriculture and Food to respond to an access request made by an individual on July 24, 2023. The Ministry acknowledged that it failed to respond to the request within the required time limit of 30 days as specified in the Freedom of Information and Protection of Privacy Act (FIPPA).

Key Takeaways:

  • The Ministry of Agriculture and Food failed to respond to an access request made by an individual on July 24, 2023, within the required time limit of 30 days as specified in FIPPA.
  • The Commissioner found that the Ministry did not comply with its duty under s. 7 of FIPPA to respond to the access request by no later than 30 days after receiving it.
  • The appropriate remedy in this case is to order the Ministry to respond to the applicant's access request in accordance with Part 2 of FIPPA by January 31, 2025.
  • The Commissioner ordered the Ministry to copy the OIPC's registrar of inquiries on the response the Ministry sends to the applicant in compliance with the order.
  • The Commissioner declined to add the issue of whether the Ministry committed an offence under s. 65.2 of FIPPA, as it was not included in the notice of inquiry.

Statistics:

  • The Ministry of Agriculture and Food received the access request on July 24, 2023.
  • The deadline for responding to the access request was September 6, 2023.
  • The Ministry has over 1600 pages of records responsive to the applicant's request.
  • The Ministry estimates it will be able to respond to the request by January 28, 2025.
  • The applicant has requested that the Ministry take enforcement action against it for failing to respond to the access request.

Sources:

  • Order F25-08 MINISTRY OF AGRICULTURE AND FOOD (2025-01-27)
  • Freedom of Information and Protection of Privacy Act, RSBC 1996, c. 165
  • Interpretation Act, RSBC 1996 c 238