3218-01665 — Library and Archives Canada and Canadian Security Intelligence Service
The complainant alleged that Library and Archives Canada (LAC) failed to respond to an access request within the time limits set out in the Access to Information Act. LAC took a 425-day extension but did not meet the extended deadline, leading to a deemed refusal. The investigation revealed that the delay was partly due to a lengthy consultation with the Canadian Security Intelligence Service (CSIS) and LAC's lack of infrastructure to process Top Secret classified records. Despite CSIS not agreeing to downgrade the classification, the Information Commissioner found that the lack of appropriate infrastructure was not a valid justification for LAC's failure to meet its obligations. The Commissioner recommended that the Minister of Canadian Heritage find an interim solution for the request and implement a permanent solution for handling classified records. The Minister confirmed that LAC responded to the request by redacting records by hand and is working towards digital processing capability. The complaint was found to be well founded.
- 1Whether Library and Archives Canada responded to the access request within the time limits set out in the Access to Information Act
- 2Whether Library and Archives Canada was in deemed refusal pursuant to subsection 10(3) of the Act
- 3Whether the lack of infrastructure to process Top Secret records is a valid justification for delay
- Timeliness / deemed refusal: Complaint upheld; deemed refusal confirmed
- Justification for delay: Lack of infrastructure not valid justification
- Handling classified records: Interim and permanent solutions recommended
Complaint well founded — disclosure ordered
Library and Archives Canada failed to respond to the access request within the statutory 30-day period or the extended 425-day period, resulting in a deemed refusal under subsection 10(3) of the Act. The lack of appropriate infrastructure to handle and process classified records was not considered a valid justification for failing to meet its obligations under the Act.
The Information Commissioner recommended that the Minister of Canadian Heritage take the necessary steps to respond to the access request by March 31, 2021, and strongly urged the Minister to implement a permanent and timely solution to allow LAC to fulfill its obligations under the Act regarding classified records.
- s.9(1)(a) ATIA
- s.9(1)(b) ATIA
- s.10(3) ATIA
- s.41 ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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