3218-00682 — Library and Archives Canada
The complainant alleged that Library and Archives Canada (LAC) claimed an unreasonable 29,200-day time extension to process an access request for Royal Canadian Mounted Police (RCMP) records on Project Anecdote. LAC identified 780,000 pages of paper and microfilm records, along with other media, as responsive. The Commissioner found that while the request involved a large volume of records and responding within 30 days would interfere with operations, LAC failed to demonstrate that the 29,200-day extension was reasonable. LAC did not adequately explain the link between its justifications and the extension's length, nor did it show that a shorter processing time would unreasonably interfere with operations. The Commissioner concluded that LAC's time extension was invalid, leading to a deemed refusal of access under subsection 10(3) of the Act. Despite the OIC's efforts over three years to assist LAC in establishing a reasonable timeframe, LAC did not provide a concrete plan or commitment to respond, even indicating it was not actively processing the request. The complaint was found to be well founded.
- 1Whether the request was for a large number of records or required searching through a large number of records under paragraph 9(1)(a)
- 2Whether meeting the 30-day deadline would unreasonably interfere with the institution’s operations under paragraph 9(1)(a)
- 3Whether the extension of time was for a reasonable period, given the circumstances, under paragraph 9(1)(a)
- 4Whether Library and Archives Canada was in deemed refusal pursuant to subsection 10(3) of the Access to Information Act
- Time extension length: Extension found unreasonable
- Deemed refusal: Deemed refusal confirmed
- Complaint validity: Complaint found well-founded
Complaint well founded — disclosure ordered
Library and Archives Canada failed to demonstrate that its claimed 29,200-day time extension was for a reasonable period, as required by paragraph 9(1)(a) of the Act. Consequently, the extension was invalid, and the institution was deemed to have refused access to the requested records under subsection 10(3) for failing to respond within the statutory 30-day period.
The Commissioner recommended that the Minister of Canadian Heritage complete the processing of access request A-2017-01183 and provide a response to the access request forthwith, and email a copy of the response letter to the Office of the Information Commissioner’s Registrar.
- s.9(1)(a) ATIA
- s.10(3) ATIA
- s.16(1) ATIA
- s.19(1) ATIA
- s.20 ATIA
- s.23 ATIA
- s.41 ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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