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 974 pages of records. LAC claimed a 639-day extension under paragraph 9(1)(b) of the Access to Information Act to consult with the Canadian Security Intelligence Service (CSIS). The Commissioner found that LAC failed to demonstrate that the length of the extension was reasonable or that it made a serious effort to determine the necessary length, noting that LAC relied on CSIS's 18-24 month estimate for review. The Commissioner highlighted that LAC's practice of automatic consultations on all security and intelligence matters, as observed in a previous systemic investigation, impedes timely access. Consequently, the Commissioner concluded that the extension was unreasonable, leading to a deemed refusal of access. An order was issued for LAC to provide a complete response within 60 business days, and a recommendation was made for LAC to report on improved consultation timelines.

• Whether the 639-day extension of time claimed by Library and Archives Canada under paragraph 9(1)(b) was reasonable
• Whether Library and Archives Canada made a serious effort to assess the necessary length of the extension of time
• Whether there was a link between the reasons for the extension and its length
• Whether the calculation of the length of the extension was sufficiently rigorous, logical, and supportable
• Whether Library and Archives Canada's practice of automatic consultations on all security and intelligence matters is consistent with its obligations under the Act and the Interim Directive
• Whether Library and Archives Canada's reliance on CSIS's consultation timeline was compliant with the Directive on Access to Information Requests

The complainant alleged that Public Services and Procurement Canada (PSPC) failed to conduct a reasonable search for records related to a contract for decommissioning and demolition services. The request specifically sought various documents, including environmental assessments, meeting minutes, and inventory reports, concerning a subcontract awarded by Brookfield Global Integrated Solutions (BGIS) to Temprano & Young Architects Inc. PSPC initially did not acknowledge control over some records and did not attempt to obtain them from BGIS. The Information Commissioner found that, based on a Supreme Court of Canada precedent, records held by BGIS were under PSPC's control due to the nature of their contractual relationship and PSPC's ability to obtain them. The Commissioner also determined that PSPC's search was unreasonable, as it failed to identify numerous responsive records and did not seek records from BGIS. Consequently, the complaint was found to be well founded, and PSPC was ordered to conduct further searches, including contacting BGIS, and to provide a new response to the complainant.

• Whether records in the physical possession of a third party (BGIS) were under the control of PSPC
• Whether PSPC conducted a reasonable search for records responsive to the access request
• Whether PSPC should have sought records from BGIS

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.

• Whether the 730-day extension of time under paragraph 9(1)(b) for consultations was reasonable
• Whether LAC made a serious effort to assess the necessary length of the extension of time
• Whether there was a link between the reasons for the extension and its length
• Whether the calculation of the length of the extension was sufficiently rigorous, logical, and supportable
• Whether the 80-day extension of time under paragraph 9(1)(a) was reasonable given LAC's failure to respond within that period
• Whether LAC was deemed to have refused access pursuant to subsection 10(3) of the Act
• Whether 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