BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5823-01184 — National Defence
Office of the Information Commissioner of CanadaAccess to Information Act5823-01184Well-founded
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5823-01184 — National Defence

Organization: National Defence
Decision: Mar 13, 2024Published: Mar 13, 2024

The complainant alleged that National Defence (DND) failed to respond to an access request regarding COVID-19 vaccination mandate accommodations within the statutory time limits. The investigation found that DND missed its extended deadline, leading to a deemed refusal of access. The Commissioner ordered DND to complete the retrieval of all responsive records and provide a response to the request. DND indicated it would comply with the order.

  • Failure to respond within statutory time limits
  • Deemed refusal of access due to delay
  • Responsibility of offices of primary interest for record retrieval
  • Undermining of the access to information system credibility

Complaint well founded — disclosure ordered

The investigation determined that National Defence missed the extended deadline for responding to the access request, which constitutes a failure to meet its obligations under the Access to Information Act. The delay was caused by outstanding record retrievals from internal offices.

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Recommended action / remedy

The Minister of National Defence was ordered to provide a complete response to the access request no later than 36 business days after the date of the final report.

Statutory provisions cited
  • s.7 ATIA
  • s.9 ATIA
  • s.10(3) ATIA
  • s.30(1)(c) ATIA

This is an informational summary only and does not constitute legal advice.