
5823-01184 — National Defence
The complainant alleged that National Defence (DND) failed to respond to an access request within the statutory time limits, as required by section 7 of the Access to Information Act. The request sought the total number of accommodation and exemption requests related to the CAF COVID-19 vaccination mandate, including approvals, denials, and those under review. DND received the request and extended the response period by 60 days under paragraph 9(1)(a), setting a new deadline of May 15, 2023. However, DND did not respond by this extended date, leading to a deemed refusal under subsection 10(3). The investigation revealed that delays were caused by a lack of responsiveness from two Offices of Primary Interest (OPIs) within DND, preventing the access to information unit from processing the request. The Commissioner found the delay unacceptable and ordered DND to complete record retrieval and provide a full response within 36 business days. DND subsequently agreed to implement the order.
- 1Whether National Defence responded to the access request within the statutory time limits
- 2Whether National Defence is deemed to have refused access under subsection 10(3) ATIA
- 3Whether the delay in responding was due to internal OPI unresponsiveness
- Timeliness / deemed refusal: Complaint upheld
- Response deadline: Institution ordered to respond
Complaint well founded — disclosure ordered
National Defence failed to respond to the access request by the extended deadline, resulting in a deemed refusal. The delay was attributed to internal unresponsiveness from Offices of Primary Interest, which prevented the timely retrieval and review of records.
The Minister of National Defence is ordered to provide a complete response to the access request no later than 36 business days after the date of the final report.
- s.7 ATIA
- s.9(1)(a) ATIA
- s.10(3) ATIA
- s.30(1)(c) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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