Canadian Privacy Decisions

The complainant alleged that Library and Archives Canada (LAC) took an unreasonable amount of time to respond to an access request. LAC extended the response deadline by 639 days to consult with the Canadian Security Intelligence Service (CSIS) on 974 pages of records. The Information Commissioner found the extension unreasonable, stating LAC did not make a serious effort to assess the necessary length of the extension and relied heavily on CSIS's estimate. The Commissioner ordered LAC to provide a response within 60 business days and recommended updates on consultation timelines.

• Reasonableness of time extension for consultation
• LAC's consultation practices
• Timeliness of access to information
• Compliance with ATIP Action Plan commitments

The complainant alleged that Public Services and Procurement Canada (PSPC) did not conduct a reasonable search for records related to a specific contract. The request concerned various documents, including feasibility reports, meeting minutes, and environmental assessments. The Information Commissioner found that some of the requested records, if they exist, were under PSPC's control, and that PSPC had failed to demonstrate a reasonable search. The Commissioner ordered PSPC to seek assistance from a third-party subcontractor to locate and obtain records, provide a new response to the complainant, and disclose any newly found records.

• Control of records held by a third-party subcontractor
• Reasonableness of the search conducted by the institution
• Definition of departmental matters under the ATIA
• Requirement to seek records from third parties

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 the Communist Party of Canada. LAC claimed an 810-day extension to consult with the Canadian Security Intelligence Service (CSIS) on nearly 5,000 pages of records. The Commissioner found the extension unreasonable, noting LAC's lack of serious effort to assess the necessary duration and CSIS's lengthy estimated review time. The Commissioner ordered LAC to respond within 60 business days and recommended improvements to consultation timelines.

• Reasonableness of the 810-day extension claimed by LAC
• LAC's consultation process with CSIS
• Timeliness of response to access requests
• LAC's adherence to the Interim Directive on Access to Information

The complainant alleged that the Department of Justice Canada (Justice) took an unreasonable extension of time to respond to an access request for records concerning a presentation booking and cancellation. Justice claimed a 292-day extension under paragraph 9(1)(a) and a 90-day extension under paragraph 9(1)(b). The Information Commissioner found the 292-day extension unreasonable, citing a lack of justification and a flawed page count. As Justice also failed to respond within the 90-day extension, it was deemed to have refused access. The Commissioner ordered Justice to provide a complete response within 36 business days.

• Reasonableness of time extension claimed under ATIA s. 9(1)(a)
• Failure to respond within claimed time extension under ATIA s. 9(1)(b)
• Deemed refusal of access under ATIA s. 10(3)
• Flawed process for identifying responsive records and duplicates

The complainant alleged that Public Services and Procurement Canada (PSPC) refused to process an access request for all emails of a specific employee. PSPC argued the request lacked sufficient detail. The Information Commissioner found that experienced employees could have identified the records and ordered PSPC to provide a complete response. The Commissioner also recommended training for PSPC employees on information management due to the large volume of emails found.

• Whether the access request provided sufficient detail for experienced institutional employees to identify relevant records with a reasonable effort, as required by section 6 of the ATIA.
• Whether PSPC reasonably refused to process the request under section 6 of the ATIA.
• Whether PSPC failed to respond to the access request within the legislated timeframe.
• Whether PSPC's information management practices are adequate to respond to access requests.