BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5823-03789 — National Defence
Office of the Information Commissioner of CanadaAccess to Information Act5823-03789Well-founded
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5823-03789 — National Defence

Organization: National Defence
Decision: Apr 22, 2024Published: Apr 22, 2024

The complainant alleged that National Defence (DND) failed to respond to an access request within the 30-day time limit. The request sought information on flights of Canadian government-owned planes landing in Lebanon. The investigation found that DND did not respond by the deadline and was deemed to have refused access. The delay was attributed to unresponsiveness from internal offices. The Information Commissioner found the complaint well-founded and ordered DND to provide a complete response within 60 business days.

  • Failure to respond within the statutory time limit (section 7 ATIA).
  • Deemed refusal of access due to non-response (subsection 10(3) ATIA).
  • Impact of internal delays on meeting access to information obligations.
  • Responsibility of the institution to ensure timely responses.

Complaint well founded — disclosure ordered

The Information Commissioner found that National Defence did not respond to the access request within the 30-day time limit as required by the Access to Information Act. The delays caused by internal offices were deemed unacceptable and resulted in a deemed refusal of access.

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Recommended action / remedy

National Defence was ordered to provide a complete response to the access request within 60 business days of the final report.

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

This is a summary of a decision made by the Office of the Information Commissioner of Canada and is for informational purposes only. It is not legal advice.