Library and Archives Canada (Re), 2022 OIC 17
The Information Commissioner initiated a systemic investigation into Library and Archives Canada's (LAC) persistent delays in responding to access requests, prompted by a history of non-compliance with legislative deadlines. The investigation found that LAC failed to meet its obligation to provide timely access, with almost 80% of requests completed after the statutory deadlines in 2020-21. Key contributing factors identified were the backlog from suspending ATIP operations during the pandemic, problematic consultation practices with other institutions, inadequate infrastructure for processing classified records, the absence of a government-wide declassification program, and insufficient ATIP funding and resources. The Commissioner concluded the complaint was well-founded and issued ten recommendations to the Minister of Canadian Heritage to address these systemic issues. However, the Commissioner found the Minister's responses largely lacked urgency and concrete commitments, leading to concerns about the sufficiency of proposed measures. The Commissioner also tabled a special report to Parliament highlighting broader challenges in the access to information system.
- 1Whether Library and Archives Canada (LAC) met its obligation to provide timely access to records under subsection 4(2.1) and section 7 of the ATIA
- 2Whether LAC's suspension of ATIP operations during the early months of the pandemic contributed to delays and non-compliance
- 3Whether LAC's practices regarding consultations with other institutions were consistent with paragraph 9(1)(b) of the ATIA and the Interim Directive
- 4Whether LAC's lack of adequate infrastructure for digitizing, reviewing, and consulting on Secret and Top Secret records contributed to processing delays
- 5Whether the absence of a mandatory government-wide declassification program contributed to delays in processing classified records
- 6Whether the lack of adequate funding for LAC's ATIP office to support new programs introduced by other institutions contributed to its inability to provide timely access
- 7Whether the ATIP and Litigation Response Division's large workload, vacant positions, and staff instability contributed to delays in responding to access requests
- Timeliness of response: Systemic delays found
- Compliance with deadlines: Institution failed to meet obligations
- Systemic issues: Complaint well-founded
- Recommendations to Minister: Ten recommendations issued
- Minister's response: Response lacked urgency and concrete commitments
Complaint well founded
LAC failed to meet its obligation to provide timely access, with almost 80% of requests completed after legislative deadlines, due to systemic issues including pandemic-related backlog, problematic consultation practices, inadequate infrastructure for classified records, lack of a declassification program, and insufficient ATIP resources.
The Commissioner made ten recommendations to the Minister of Canadian Heritage, including processing the backlog, improving consultation practices, implementing infrastructure for classified records, requiring declassification before transfer, and securing adequate ATIP funding.
- s.4(2.1) ATIA
- s.7 ATIA
- s.9(1)(b) ATIA
- s.10(3) ATIA
- s.37(2) ATIA
- s.39(1) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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