Federal (Canada)Access to Information ActWell-founded

5823-00917 — National Defence

Organization: National DefenceComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that National Defence (DND) failed to respond to an access to information request within the 30-day statutory period. The request sought correspondence related to a hiring process for a General Safety Officer position at Canadian Forces Base Suffield, including information about the anticipated re-hire of a named individual. DND received the request on April 3, 2023, and did not extend the deadline or transfer the request, making the due date May 3, 2023. The investigation found that DND did not respond by this date, leading to a deemed refusal of access under subsection 10(3) of the Act. The delay was attributed to a lack of responsiveness from one of the Offices of Primary Interest within DND. The Information Commissioner found the delay unacceptable and ordered DND to provide a complete response to the access request within 36 business days of the final report. DND subsequently notified the Commissioner that it would implement the order.

Key issues
  1. 1Whether National Defence responded to the access request within the 30-day period as required by section 7 of the ATIA
  2. 2Whether National Defence is deemed to have refused access under subsection 10(3) of the ATIA due to delay
Outcome breakdownFavours: Applicant / complainant
  • Timeliness / deemed refusal: Deemed refusal found
  • Disclosure of records: Records ordered disclosed
Outcome

Complaint well founded — disclosure ordered

Reasoning

National Defence failed to respond to the access request within the statutory 30-day period, resulting in a deemed refusal. The delay was caused by an internal lack of responsiveness from one of its offices.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Recommended action / remedy

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.

Statutes considered
  • s.7 ATIA
  • s.9(1) ATIA
  • s.10(3) ATIA
  • s.30(1)(a) ATIA

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

Pro · AI

Decisions with similar reasoning and facts — found by AI across statutes and jurisdictions, not just keywords.

Pro
Coverage — 13 of 14 jurisdictions searchable

Fully searchable: Ontario, British Columbia, Alberta, Saskatchewan, Newfoundland and Labrador, Northwest Territories, New Brunswick, Manitoba.

Partial (recent decisions only): Federal (Canada) (651 of 1,631), Nova Scotia (49 of 472), Quebec (6 of 7,090), Prince Edward Island (2 of 279), Yukon (1 of 75).

Coming soon: Nunavut — being re-processed for AI search.

Find decisions like this one — by meaning, not keywords.

Related by meaning is a Pro feature. Upgrade to surface conceptually similar decisions across the corpus, powered by AI.

Upgrade to Pro