Library and Archives Canada (Re), 2024 OIC 41
The complainant alleged that Library and Archives Canada (LAC) failed to respond to an access request for specific historical files within the extended time limit. The investigation found that LAC did not respond by the required date, and was therefore deemed to have refused access under subsection 10(3) of the Access to Information Act. The delay was attributed to the ATIP office's failure to process the request in a timely manner. The Commissioner ordered LAC to provide a complete response within 36 business days, but LAC indicated it would not be implementing the order due to existing workload.
- Failure to respond to an access request within the legislated time limits.
- Deemed refusal of access under subsection 10(3) of the Access to Information Act.
- The institution's obligation to respond to an access request even when deemed to have refused.
- The institution's notice of non-implementation of the Commissioner's order.
Complaint well founded — Order issued
The investigation determined that Library and Archives Canada (LAC) did not respond to the access request by the extended deadline of February 13, 2020. As a result, LAC is deemed to have refused access under subsection 10(3). Despite a notice of non-implementation from LAC, the Commissioner found the complaint to be well founded and ordered LAC to provide a complete response.
AI-generated summary for reference only. Always verify against the official decision ↗
Library and Archives Canada was ordered to provide a complete response to the access request no later than 36 business days after the date of the final report.
- subsection 9(1) ATIA
- subsection 10(3) ATIA
- paragraph 30(1)(a) ATIA
- section 7 ATIA
- subsection 10(2) ATIA
- paragraph 9(1)(b) ATIA
- section 43 ATIA
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