The complainant alleged that Library and Archives Canada (LAC) did not respond to an access request within the time limits set out in the Access to Information Act. LAC took a 425-day extension of time but failed to meet the extended deadline for a response. LAC was therefore in deemed refusal pursuant to subsection 10(3). LAC’s delay was partially due to a lengthy consultation with the Canadian Security Intelligence Service. Furthermore, LAC could not process the records, which were classified as Top Secret, as it does not have the infrastructure in place to do so. The Information Commissioner recommended that the Minister of Canadian Heritage find an interim solution to process this request and strongly urged him to implement a permanent and timely solution to allow LAC to handle and process classified records. The Minister acknowledged LAC’s need to have digital processing capability and informed the Commissioner that LAC responded to this request by redacting the records by hand. The complaint is well founded.

Institution
Library and Archives Canada
Section of the Act
9(1)
10(3)
Decision Type
Recommendation
Final report
Date modified:
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