The complainant alleged that Library and Archives Canada (LAC) had improperly withheld information under subsection 13(1) (confidential information from government bodies) and subsection 15(1) (national security, defence) of the Access to Information Act in response to an access request regarding submarine operations in the Arctic region. The complaint falls within paragraph 30(1)(a) of the Act. LAC could not show that it met all the requirements of subsection 13(1) and subsection 15(1), in particular, how the information in the record was obtain in confidence and how further disclosure of the withheld information could reasonably be expected to harm national security and/or the defence of Canada. The Information Commissioner recommended that LAC disclose the records in their entirety. LAC gave notice to the Information Commissioner that it would not be implementing the recommendation.

The complaint is well founded.