OTTAWA–Canada's outgoing information watchdog is threatening to seize documents after complaints that the bureaucratic wing of the Prime Minister's Office is stonewalling some access-to-information requests.

The information commissioner served formal notice on the Privy Council Office this week, warning that commission staff would use their legal powers to seize the documents themselves if the paperwork wasn't provided by today.

"I'm about to walk into PCO next week ... for files they didn't give us. We're going to take them and they can't stop us," Robert Marleau told the Star.

"I cannot be denied access. I can walk into any federal government premise without notice and take what I need."

Marleau, who attracted some criticism for not being more forceful in defending access to information rights, could end his tenure as commissioner with an extraordinary move on the highest bureaucratic office in the federal government.

While it's a rare step, a clearly frustrated Marleau says the Privy Council Office, which supports the Prime Minister's Office and cabinet, is blocking his efforts to ensure Canadians have access to information.

"The powers are there for a reason so that where there is ... stonewalling or deliberate obstruction, we can break that jam. By and large, I'm here to serve Canadians. So is the department that is being asked to give a response. We shouldn't have to have a struggle," he said.

Marleau is probing complaints about the PCO's handling of access-to-information requests by Canadians. In particular, he wants answers on 150 cases that involve "administrative" issues – complaints that could include the PCO's demand for photocopying costs, other fees and time extensions.

Marleau, who announced his retirement this week, made clear there's no reason why such complaints could not have been informally resolved long ago, saving the time and effort of a drawn-out investigation as well as the frustration of those making the requests.

"We should be able to lick administrative complaints at the early resolution stage," he said, snapping his fingers for emphasis.

He hinted at one possible motivation – the government's desire to tie up a file and delay the release of information.

"If you overcharge for photocopies and got a complaint, that file was parked for two years. It takes the pressure off," Marleau said. "I won't let that happen any more."

The Privy Council Office was unable to comment in time for deadline yesterday.

Under the Access to Information Act, Canadians can pay a $5 fee and request government records. If they're not happy with the response, they can complain to the information commissioner and have the file reviewed. But to do that, the information commissioner needs the files in question – and that's what the Privy Council has so far refused to provide.

Marleau says his office has "awesome," though rarely used, powers to conduct investigations into those complaints.

"Without serving a subpoena, I can walk in anywhere and get the documents I want and keep them for 10 days, which allows the office here to photocopy and return," he said.

In more than two years as commissioner, Marleau says he's never had to exercise these powers. And he's had to threaten to use them only two or three times, which he says has usually been enough to produce the documents.

"It should be rare. We're trying to serve Canadians," he said.

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The commission received 198 complaints in 2008-09 about the Privy Council's handling of information requests, ranking fourth among federal agencies.

The Canada Revenue Agency attracted the most complaints with 302.

In a February report card, Marleau rated the PCO's performance on access to information as "average" but said its response to requests was improving.