Canadian privacy & access decisions

The complainant alleged that Library and Archives Canada (LAC) failed to respond to an access request within the time limits set out in the Access to Information Act. LAC took a 425-day extension but did not meet the extended deadline, leading to a deemed refusal. The investigation revealed that the delay was partly due to a lengthy consultation with the Canadian Security Intelligence Service (CSIS) and LAC's lack of infrastructure to process Top Secret classified records. Despite CSIS not agreeing to downgrade the classification, the Information Commissioner found that the lack of appropriate infrastructure was not a valid justification for LAC's failure to meet its obligations. The Commissioner recommended that the Minister of Canadian Heritage find an interim solution for the request and implement a permanent solution for handling classified records. The Minister confirmed that LAC responded to the request by redacting records by hand and is working towards digital processing capability. The complaint was found to be well founded.

• Whether Library and Archives Canada responded to the access request within the time limits set out in the Access to Information Act
• Whether Library and Archives Canada was in deemed refusal pursuant to subsection 10(3) of the Act
• Whether the lack of infrastructure to process Top Secret records is a valid justification for delay