Federal (Canada)Access to Information ActWell-founded

Access at issue: The challenge of accessing our collective memory

Organization: Library and Archives Canada
Plain-language brief

The Information Commissioner initiated a systemic investigation into Library and Archives Canada's (LAC) delayed responses to access requests. This investigation was prompted by a long-standing trend of LAC failing to meet legislative deadlines for responding to access requests, which worsened during the COVID-19 pandemic. The investigation found that during the period under review, nearly 80% of requests completed by LAC did not comply with the timeframes set out in the Access to Information Act. The Commissioner informed the Minister of Canadian Heritage, as the head of LAC, of these findings and made ten recommendations. A special report was subsequently tabled in Parliament, highlighting issues within LAC and broader challenges in Canada's access to information system, specifically regarding inter-institutional consultations and the absence of a government-wide declassification framework.

Key issues
  1. 1Whether Library and Archives Canada was responding to access requests within the legislative deadlines
  2. 2Whether the delays in responding to access requests constituted a systemic issue
Outcome breakdownFavours: Applicant / complainant
  • Systemic timeliness: Investigation found widespread non-compliance with deadlines
  • Recommendations to institution: Ten recommendations made to LAC
  • Report to Parliament: Special report tabled highlighting systemic issues
  • Inter-institutional consultations: Identified as a broader systemic issue
  • Declassification framework: Absence identified as a broader systemic issue
Outcome

Complaint well founded — systemic issues identified and recommendations made

Reasoning

The investigation found that almost 80% of access requests completed by Library and Archives Canada during the period under investigation did not comply with the timeframes set out in the Access to Information Act, indicating a systemic failure to meet legislative obligations.

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Decision notes
Recommended action / remedy

The Commissioner made ten recommendations to the Minister of Canadian Heritage, as head of Library and Archives Canada, and tabled a special report in Parliament highlighting the systemic issues and broader challenges in the access to information system.

Statutes considered
  • s.30(1)(f) ATIA
  • s.39(1) ATIA

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

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