BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5823-00917 — National Defence
Office of the Information Commissioner of CanadaAccess to Information Act5823-00917Well-founded
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5823-00917 — National Defence

Organization: National Defence
Decision: Apr 16, 2024Published: Apr 16, 2024

The complainant alleged that National Defence (DND) failed to respond to an access request for correspondence related to a hiring process within the legislated 30-day period. The investigation found that DND did not meet the deadline, and the delay was caused by the unresponsiveness of an internal office. The Information Commissioner found the complaint well-founded and ordered DND to respond to the request within 36 business days.

  • Timeliness of response to an access request
  • Definition of a response
  • Consequences of not responding within the prescribed time limit

Complaint well founded — response ordered

The institution failed to respond to the access request within the 30-day time limit set by the Act. The delay was attributed to an internal office's unresponsiveness, which is not a valid reason for exceeding the statutory deadline.

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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)(a) ATIA

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