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Decisions/Federal (Canada)/Access to Information Act/5820-01594 — Library and Archives Canada
Office of the Information Commissioner of CanadaAccess to Information Act5820-01594Well-founded
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5820-01594 — Library and Archives Canada

Organization: Library and Archives Canada
Decision: Nov 15, 2021Published: Nov 15, 2021

The complainant alleged that Library and Archives Canada (LAC) failed to respond to an access request within the statutory time limits. LAC initially claimed a 565-day extension, which was previously found to be reasonable. However, LAC missed the extended deadline of September 18, 2020. The Information Commissioner found that LAC was in deemed refusal and ordered the institution to complete the processing of the request forthwith.

  • Timeliness of response to access request
  • Deemed refusal of access under subsection 10(3)
  • Adequacy of reasons for delay
  • LAC's obligations under the Access to Information Act

Complaint well founded — order issued

The institution failed to respond to the access request by the extended deadline, resulting in a deemed refusal of access under subsection 10(3) of the Access to Information Act. The Commissioner found that LAC had not adequately addressed the significant delay in processing the request, which had been ongoing for over two years.

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Recommended action / remedy

The Commissioner ordered the Librarian and Archivist of Canada to complete the processing of the access request and provide a response forthwith.

Statutory provisions cited
  • s.10(3) ATIA
  • s.9(1)(a) ATIA
  • s.9(1)(b) ATIA
  • s.36.1(1) ATIA

This is an informational summary and not legal advice.