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Federal (Canada)Access to Information ActNot well-founded

Library and Archives Canada (Re), 2023 OIC 24

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

The complainant alleged that Library and Archives Canada (LAC) took an unreasonable extension of time to respond to an access request for records related to "Project Anecdote." LAC claimed a 1,095-day extension under paragraphs 9(1)(a) and (b) of the Access to Information Act, setting the response deadline to June 20, 2025. During the investigation, LAC demonstrated that its calculation for the extension was logical and supportable, and that providing the records sooner would unreasonably interfere with its operations. LAC also showed that necessary consultations could not be completed within 30 days. The Office of the Information Commissioner concluded that LAC met all the requirements for the extension under paragraphs 9(1)(a) and (b). Consequently, the extension was deemed valid, and the complaint was found to be not well founded.

Key issues
  1. 1Whether the 1,095-day extension of time taken by Library and Archives Canada was reasonable under s.9(1) of the Access to Information Act
  2. 2Whether the calculation of the time extension was sufficiently logical and supportable under s.9(1)(a) and (b)
  3. 3Whether providing access within a materially lesser period would unreasonably interfere with operations under s.9(1)(a)
  4. 4Whether consultations could reasonably be completed within 30 days under s.9(1)(b)
Outcome breakdownFavours: Institution
  • Extension of time: Extension upheld
  • Timeliness: Complaint dismissed
Outcome

Complaint not well founded

Reasoning

Library and Archives Canada demonstrated that it met all the requirements of paragraphs 9(1)(a) and (b) of the Access to Information Act, justifying the 1,095-day extension of time.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Statutes considered
  • s.9(1) ATIA
  • s.9(1)(a) ATIA
  • s.9(1)(b) ATIA
  • s.30(1)(c) ATIA

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

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