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.

On February 1, 2019, LAC received an access request for records regarding the LGBTQ community in the military.

LAC claimed a 565-day extension of time under paragraphs 9(1)(a) and 9(1)(b) to complete the processing of the request.

However, on September 18, 2020, LAC missed the extended due date, and on October 14, 2020, the OIC received the current complaint questioning the delay taken to process the request.

Given that LAC did not respond to the request by the extended deadline, it is deemed to have refused access pursuant to subsection 10(3). This refusal of access is ongoing and will continue until such time that LAC fully responds to the access request.

The Commissioner ordered the Librarian and Archivist of Canada to complete the processing of the access request and provide a response forthwith.

The complaint is well founded.