Federal (Canada) privacy & access decisions

The complainant alleged that Library and Archives Canada (LAC) took an unreasonable extension of time to respond to an access request for records related to "Project Anecdote." LAC claimed a 1,095-day extension under paragraphs 9(1)(a) and (b) of the Access to Information Act, setting the response deadline to June 20, 2025. During the investigation, LAC demonstrated that its calculation for the extension was logical and supportable, and that providing the records sooner would unreasonably interfere with its operations. LAC also showed that necessary consultations could not be completed within 30 days. The Office of the Information Commissioner concluded that LAC met all the requirements for the extension under paragraphs 9(1)(a) and (b). Consequently, the extension was deemed valid, and the complaint was found to be not well founded.

• Whether the 1,095-day extension of time taken by Library and Archives Canada was reasonable under s.9(1) of the Access to Information Act
• Whether the calculation of the time extension was sufficiently logical and supportable under s.9(1)(a) and (b)
• Whether providing access within a materially lesser period would unreasonably interfere with operations under s.9(1)(a)
• Whether consultations could reasonably be completed within 30 days under s.9(1)(b)

The complainant alleged that the Department of Justice Canada (Justice) failed to conduct a reasonable search for a 2009 workplace report prepared by a consultant. Justice tasked its Ontario Regional Office and the Deputy Minister’s Office, both of which reported no responsive records, citing a five-year retention period for such documents, which had expired seven years prior to the request. The OIC investigated whether Justice was required to contact the consultant directly to fulfill the request. Justice maintained that it was not reasonable to expect them to task the consultant, as the business need for the report was time-limited, copies should no longer be with the contractor, and the matter was no longer active. The OIC concluded that Justice conducted a reasonable search based on its internal efforts and retention policies. The complaint was therefore deemed not well founded.

• Whether the Department of Justice Canada conducted a reasonable search for records
• Whether the institution was required to contact a consultant directly to conduct a reasonable search
• Whether the institution's application of its record retention policy was appropriate in determining search scope