Library and Archives Canada (Re), 2024 OIC 41
The complainant alleged that Library and Archives Canada (LAC) failed to respond to an access request within the extended time limit, constituting a deemed refusal under the Access to Information Act. The request sought historical records related to the Canadian Intelligence Program and the Joint Intelligence Organization. The investigation confirmed that LAC did not respond by the extended deadline of February 13, 2020, for a request received in July 2019. Despite the records comprising 135 pages and a consultation with Global Affairs Canada being completed, LAC had not finalized processing the request almost five years later. The Information Commissioner found the delay unacceptable and ordered LAC to provide a complete response within 36 business days. However, LAC notified the Commissioner that it would not implement the order due to workload prioritization, stating the records required careful review and further consultation.
- 1Whether Library and Archives Canada responded to the access request within the extended time limit under subsection 9(1) of the Access to Information Act
- 2Whether Library and Archives Canada is deemed to have refused access under subsection 10(3) of the Act due to delay
- Timeliness / deemed refusal: Deemed refusal confirmed
- Compliance with order: Institution refused to implement order
- Disclosure of records: Records not disclosed
Complaint well founded — disclosure ordered, but institution declined to implement the order
Library and Archives Canada failed to respond to the access request within the extended time limit, resulting in a deemed refusal. The prolonged delay of almost five years for a relatively small volume of records was deemed unacceptable and a clear contravention of the institution's obligations under the Act.
The Information Commissioner ordered Library and Archives Canada to provide a complete response to the access request no later than 36 business days after the date of the final report.
- s.7 ATIA
- s.9(1) ATIA
- s.10(3) ATIA
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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