Federal (Canada)Access to Information ActWell-founded

5820-01594 — Library and Archives Canada

Organization: Library and Archives CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Library and Archives Canada (LAC) failed to respond to an access request within the time limits stipulated by the Access to Information Act. LAC received a request for records concerning the LGBTQ community in the military and initially claimed a 565-day extension, which the OIC previously found to be valid. However, LAC missed this extended deadline, leading to the current complaint. The OIC found that LAC was in deemed refusal under subsection 10(3) of the Act, as it had not fully responded to the request by the extended due date. Despite having located over 9,000 pages of responsive material and providing an interim release, LAC had not completed its review or provided a final disclosure date, citing human resource issues and the COVID-19 pandemic. The Commissioner concluded that LAC had not adequately addressed the delay and ordered the institution to complete processing and respond forthwith.

Key issues
  1. 1Whether Library and Archives Canada responded to the access request within the time limits set out in the Access to Information Act
  2. 2Whether Library and Archives Canada is in deemed refusal pursuant to subsection 10(3) of the Access to Information Act
Outcome breakdownFavours: Applicant / complainant
  • Timeliness / deemed refusal: Deemed refusal found
  • Processing delay: Delay not adequately addressed
  • Response to request: Institution ordered to complete processing and respond
Outcome

Complaint well founded — disclosure ordered

Reasoning

Library and Archives Canada failed to respond to the access request by the extended deadline, resulting in a deemed refusal of access under subsection 10(3) of the Act. The institution had not adequately addressed the delay in processing the request, despite the complainant waiting over two years for a complete response.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Recommended action / remedy

The Librarian and Archivist of Canada is ordered to complete the processing of the access request and provide a response forthwith, and to email a copy of the response letter to the Office of the Information Commissioner's Registrar.

Statutes considered
  • s.9(1)(a) ATIA
  • s.9(1)(b) ATIA
  • s.10(3) ATIA
  • s.36.1(1) ATIA

This summary is for informational purposes only and does not constitute legal advice.

Pro · AI

Decisions with similar reasoning and facts — found by AI across statutes and jurisdictions, not just keywords.

Pro
Coverage — 13 of 14 jurisdictions searchable

Fully searchable: Ontario, British Columbia, Alberta, Saskatchewan, Newfoundland and Labrador, Northwest Territories, New Brunswick, Manitoba.

Partial (recent decisions only): Federal (Canada) (651 of 1,631), Nova Scotia (49 of 472), Quebec (6 of 7,090), Prince Edward Island (2 of 279), Yukon (1 of 75).

Coming soon: Nunavut — being re-processed for AI search.

Find decisions like this one — by meaning, not keywords.

Related by meaning is a Pro feature. Upgrade to surface conceptually similar decisions across the corpus, powered by AI.

Upgrade to Pro