A-2023-02763 — Library and Archives Canada and Canadian Security Intelligence Service
The complainant alleged that Library and Archives Canada (LAC) took an unreasonable extension of time to respond to an access request for 974 pages of records. LAC claimed a 639-day extension under paragraph 9(1)(b) of the Access to Information Act to consult with the Canadian Security Intelligence Service (CSIS). The Commissioner found that LAC failed to demonstrate that the length of the extension was reasonable or that it made a serious effort to determine the necessary length, noting that LAC relied on CSIS's 18-24 month estimate for review. The Commissioner highlighted that LAC's practice of automatic consultations on all security and intelligence matters, as observed in a previous systemic investigation, impedes timely access. Consequently, the Commissioner concluded that the extension was unreasonable, leading to a deemed refusal of access. An order was issued for LAC to provide a complete response within 60 business days, and a recommendation was made for LAC to report on improved consultation timelines.
- 1Whether the 639-day extension of time claimed by Library and Archives Canada under paragraph 9(1)(b) was reasonable
- 2Whether Library and Archives Canada made a serious effort to assess the necessary length of the extension of time
- 3Whether there was a link between the reasons for the extension and its length
- 4Whether the calculation of the length of the extension was sufficiently rigorous, logical, and supportable
- 5Whether Library and Archives Canada's practice of automatic consultations on all security and intelligence matters is consistent with its obligations under the Act and the Interim Directive
- 6Whether Library and Archives Canada's reliance on CSIS's consultation timeline was compliant with the Directive on Access to Information Requests
- Extension of time: Extension found unreasonable
- Deemed refusal: Deemed refusal confirmed
- Response timeliness: LAC ordered to respond within 60 days
- Systemic issue: Recommendation for improved consultation timelines
Complaint well founded — disclosure ordered
The Commissioner found that Library and Archives Canada (LAC) failed to demonstrate that the 639-day extension of time was reasonable or that it made a serious effort to determine its length. LAC relied on CSIS's 18-24 month estimate for consultation on less than 1,000 pages, which the Commissioner deemed inconsistent with the Directive on Access to Information Requests. The Commissioner reiterated concerns from a previous systemic investigation that LAC's automatic consultation practices on security and intelligence matters impede timely access, leading to a deemed refusal.
The Minister of Canadian Heritage is ordered to provide a complete response to the access request no later than 60 business days following the date of the final report. The Commissioner also recommended that the Minister include, in LAC’s next ATIP action plan report on progress, specific updates on LAC’s progress regarding timelines for consultations with other government departments.
- s.9(1) ATIA
- s.9(1)(b) ATIA
- s.10(3) ATIA
- s.30(1)(c) ATIA
- s.41(2) ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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