The complainant alleged that Library and Archives Canada (LAC) did not respond within the extended period under subsection 9(1) of the Access to Information Act to an access request. The request was for records in files RG73, BAN 2016-00616, Box 39, File 7/10/A/3 - Canadian Intelligence Program / RG73, BAN 2016-00616, Box 39, Files 14/82 and 21/82 - Joint Intelligence Organization.

The allegation falls under paragraph 30(1)(a) of the Act.

The investigation determined that LAC did not respond by the required date and is deemed to have refused access to the requested records under subsection 10(3). The delay was caused by the failure of the Access to Information and Privacy (ATIP) office to process the request in a timely manner.

The Information Commissioner ordered that LAC provide a complete response to the access request no later than 36 business days after the date of the final report.

LAC gave notice to the Commissioner that it would not be implementing the order, taking into account workload that is already prioritized, including commitments to other orders.

The complaint is well founded.