5822-02699 — National Defence
The complainant alleged that National Defence (DND) failed to respond to an access request within the 30-day timeframe. DND refused to process the request, believing it did not meet the clarity requirements of section 6 of the Access to Information Act. The Information Commissioner found that the request did meet the requirements and that DND should have processed it without clarification. DND was therefore deemed to have refused access. The Commissioner ordered DND to provide a complete response to the request, and DND indicated it would comply.
- Whether the access request met the requirements of section 6 of the Access to Information Act.
- Whether National Defence properly refused to process the access request.
- Whether National Defence failed to respond within the time limits set out in the Act.
Complaint well founded — disclosure ordered
The Information Commissioner determined that the access request provided sufficient detail for an experienced employee to identify the records with a reasonable effort, meaning it met the requirements of section 6 of the Access to Information Act. Therefore, National Defence should have processed the request instead of refusing it, and its failure to respond within the statutory timeframe resulted in a deemed refusal.
AI-generated summary for reference only. Always verify against the official decision ↗
National Defence was ordered to provide a complete response to the access request.
- section 7 ATIA
- section 6 ATIA
- subsection 10(3) ATIA
- paragraph 30(1)(a) ATIA
- subsection 9(1) ATIA
- subsection 10(2) ATIA
- subsection 36.1(1) ATIA
This is an informational summary of a decision and not legal advice.