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 statutory time limits. LAC took an extensive extension but still missed the deadline, resulting in a deemed refusal. The delay was partly due to a consultation with CSIS and LAC's lack of infrastructure to process Top Secret records. The Information Commissioner found the complaint well founded, recommending immediate action and a permanent solution for processing classified records.
- Failure to respond within statutory time limits.
- Validity of 425-day time extension.
- LAC's lack of infrastructure to process classified records.
- Deemed refusal under subsection 10(3) ATIA.
Complaint well founded
LAC failed to respond to the access request within the extended deadline, thus being in deemed refusal under subsection 10(3) of the Access to Information Act. LAC's lack of infrastructure to process classified records was not considered a valid justification for the delay.
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The Commissioner recommended that the Minister of Canadian Heritage take steps to respond to the access request by March 31, 2021, and urged the implementation of a permanent solution for processing classified records.
- s.10(3) ATIA
- s.9(1)(a) ATIA
- s.9(1)(b) ATIA
This is an informational summary and does not constitute legal advice.