Federal (Canada)Access to Information ActNot well-founded

5824-03656 — Library and Archives Canada

Organization: Library and Archives CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Library and Archives Canada (LAC) failed to respond to an access request within the 30-day period stipulated by section 7 of the Access to Information Act. The request sought extensive information related to the Métis Nation, treaties, and the Native Women's Association of Canada, covering a broad historical period. LAC argued that the request was too broad and vague, lacking sufficient detail for experienced employees to identify specific records with reasonable effort, and that responding would require extensive historical and legal research beyond its mandate. The OIC determined that the request did not meet the requirements of section 6 of the Act, which mandates that requests provide enough detail for records to be identified with reasonable effort. Despite LAC's attempts to seek clarification and offer assistance through its reference services, the complainant did not provide further specifics. Consequently, the OIC concluded that LAC was not obligated to process the request and was not in deemed refusal. The complaint was found to be not well founded.

Key issues
  1. 1Whether Library and Archives Canada responded to the access request within the 30-day period
  2. 2Whether the access request provided enough detail for experienced institutional employees to identify relevant records with a reasonable effort under section 6 of the ATIA
  3. 3Whether the institution's efforts to seek clarification from the requester were reasonable
  4. 4Whether the institution was in deemed refusal pursuant to subsection 10(3) of the ATIA
Outcome breakdownFavours: Institution
  • Timeliness / deemed refusal: No deemed refusal
  • Clarity of request: Request not sufficiently detailed
  • Obligation to process: Institution not obligated to process request
  • Complaint outcome: Complaint not well founded
Outcome

Complaint not well founded

Reasoning

The access request was deemed too broad and expansive, lacking sufficient detail for Library and Archives Canada (LAC) to identify specific records with reasonable effort. Responding to the request as written would have required LAC to undertake extensive historical and legal research, which is beyond the scope of 'reasonable effort' for identifying records under the Access to Information Act. LAC made reasonable attempts to clarify the request and offered assistance, but the complainant did not provide the necessary specifics. Therefore, the request did not meet the requirements of section 6 of the Act, and LAC was not obligated to process it, nor was it in deemed refusal.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Statutes considered
  • s.7 ATIA
  • s.30(1)(a) ATIA
  • s.6 ATIA
  • s.4(2.1) ATIA
  • s.10(3) ATIA

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

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