Canadian privacy & access decisions

The complainant alleged that the Department of Justice Canada (Justice) took an unreasonable 2,280-day extension to respond to an access to information request. Justice claimed the extension under paragraphs 9(1)(a) and 9(1)(b) of the Access to Information Act, citing a large volume of records and the need for consultations. The Information Commissioner found that while the request involved a large volume of records and responding within 30 days would interfere with operations, Justice failed to sufficiently justify the reasonableness of the 2,190-day extension claimed under 9(1)(a). Specifically, Justice did not explain how the duration of various processing steps was determined or why certain steps could not be conducted concurrently. However, the Commissioner found the 90-day extension for consultations under 9(1)(b) to be reasonable. Due to the unreasonable extension under 9(1)(a), Justice was deemed to have refused access. The complaint was found to be well-founded, and Justice was ordered to provide a final response forthwith.

• Whether the request was for a large volume of records or required searching through a large number of records under s.9(1)(a)
• Whether responding within 30 days would unreasonably interfere with the institution's operations under s.9(1)(a)
• Whether the length of the time extension claimed under s.9(1)(a) was reasonable
• Whether consultations with other institutions or bodies were necessary under s.9(1)(b)
• Whether the length of the time extension claimed under s.9(1)(b) was reasonable
• Whether the institution was in deemed refusal under s.10(3)

The Information Commissioner initiated a systemic investigation into Library and Archives Canada's (LAC) persistent delays in responding to access requests, prompted by a history of non-compliance with legislative deadlines. The investigation found that LAC failed to meet its obligation to provide timely access, with almost 80% of requests completed after the statutory deadlines in 2020-21. Key contributing factors identified were the backlog from suspending ATIP operations during the pandemic, problematic consultation practices with other institutions, inadequate infrastructure for processing classified records, the absence of a government-wide declassification program, and insufficient ATIP funding and resources. The Commissioner concluded the complaint was well-founded and issued ten recommendations to the Minister of Canadian Heritage to address these systemic issues. However, the Commissioner found the Minister's responses largely lacked urgency and concrete commitments, leading to concerns about the sufficiency of proposed measures. The Commissioner also tabled a special report to Parliament highlighting broader challenges in the access to information system.

• Whether Library and Archives Canada (LAC) met its obligation to provide timely access to records under subsection 4(2.1) and section 7 of the ATIA
• Whether LAC's suspension of ATIP operations during the early months of the pandemic contributed to delays and non-compliance
• Whether LAC's practices regarding consultations with other institutions were consistent with paragraph 9(1)(b) of the ATIA and the Interim Directive
• Whether LAC's lack of adequate infrastructure for digitizing, reviewing, and consulting on Secret and Top Secret records contributed to processing delays
• Whether the absence of a mandatory government-wide declassification program contributed to delays in processing classified records
• Whether the lack of adequate funding for LAC's ATIP office to support new programs introduced by other institutions contributed to its inability to provide timely access
• Whether the ATIP and Litigation Response Division's large workload, vacant positions, and staff instability contributed to delays in responding to access requests