BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/A-2023-06649 — Library and Archives Canada and Canadian Security Intelligence Service
Office of the Information Commissioner of CanadaAccess to Information Act5823-04407Well-founded
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A-2023-06649 — Library and Archives Canada and Canadian Security Intelligence Service

Organization: Library and Archives Canada
Decision: Mar 24, 2025Published: Mar 24, 2025

The complainant alleged that Library and Archives Canada (LAC) took an unreasonable extension of time to respond to an access request for Royal Canadian Mounted Police records concerning the Communist Party of Canada. LAC claimed an 810-day extension to consult with the Canadian Security Intelligence Service (CSIS) on nearly 5,000 pages of records. The Commissioner found the extension unreasonable, noting LAC's lack of serious effort to assess the necessary duration and CSIS's lengthy estimated review time. The Commissioner ordered LAC to respond within 60 business days and recommended improvements to consultation timelines.

  • Reasonableness of the 810-day extension claimed by LAC
  • LAC's consultation process with CSIS
  • Timeliness of response to access requests
  • LAC's adherence to the Interim Directive on Access to Information

Complaint well founded — order issued for a complete response within 60 business days.

The Commissioner found that LAC failed to demonstrate that the 730-day extension claimed for consultations with CSIS was reasonable and that LAC did not respond within the initial 80-day extension. The Commissioner also noted LAC's history of issues with consultation practices, which impede timely access.

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Recommended action / remedy

Library and Archives Canada was ordered to provide a complete response to the access request within 60 business days.

Statutory provisions cited
  • s.9(1) ATIA
  • s.30(1)(c) ATIA
  • s.10(3) ATIA

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