A-2023-06649 — 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 Royal Canadian Mounted Police records concerning Communist Party of Canada activity from 1970 to 1984. LAC claimed an 80-day extension under paragraph 9(1)(a) and a 730-day extension under paragraph 9(1)(b) for consultations with the Canadian Security Intelligence Service (CSIS) on 4,985 pages of records. The Commissioner found the 730-day extension unreasonable, noting that LAC failed to demonstrate a serious effort to assess the necessary length of the extension and relied solely on CSIS's two-year estimate. The Commissioner also highlighted that significant disclosures of similar historical records have occurred and that the records are approximately 50 years old, questioning LAC's practice of automatic consultations on all security and intelligence-related records. Since LAC had not responded by the time the 80-day extension expired, the Commissioner concluded that LAC was deemed to have refused access. The Commissioner ordered LAC to provide a complete response within 60 business days, but LAC gave notice that it would not implement the order, citing workload and other commitments.
- 1Whether the 730-day extension of time under paragraph 9(1)(b) for consultations was reasonable
- 2Whether LAC 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 the 80-day extension of time under paragraph 9(1)(a) was reasonable given LAC's failure to respond within that period
- 6Whether LAC was deemed to have refused access pursuant to subsection 10(3) of the Act
- 7Whether LAC's practice of automatic consultations on all security and intelligence-related records is consistent with its obligations under the Act and the Interim Directive
- Extension of time (s. 9(1)(a)): Not explicitly addressed, but superseded by deemed refusal
- Extension of time (s. 9(1)(b)): 730-day extension found unreasonable
- Deemed refusal: Deemed refusal confirmed
- Order to respond: LAC ordered to respond within 60 business days
- Implementation of order: LAC refused to implement order
Complaint well founded — disclosure ordered, but institution declined to implement the order
The Commissioner found the 730-day extension unreasonable because LAC failed to demonstrate a serious effort to assess the necessary length of the extension, relying instead on CSIS's two-year estimate without sufficient justification. Furthermore, LAC did not respond to the request even within the initial 80-day extension, leading to a deemed refusal. The Commissioner also noted that LAC's practice of automatic consultations on all security and intelligence records, as highlighted in a previous systemic investigation, impedes timely access.
The Minister of Canadian Heritage was 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 specific updates on LAC's progress regarding timelines for consultations with other government departments in its next ATIP action plan report.
- s.9(1) ATIA
- s.9(1)(a) 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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