5823-03789 — National Defence
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 information, including emails, reports, flight logs, and cargo manifests, related to Canadian government-owned planes landing in Lebanon between October 7 and December 5, 2023. DND did not respond by the deadline and was deemed to have refused access under subsection 10(3) of the Act. The investigation revealed that the delay was due to a lack of responsiveness from two Offices of Primary Interest (OPIs) within DND, preventing the Directorate of Access to Information and Privacy from processing the request. The Information Commissioner found the delay unacceptable and ordered DND to provide a complete response within 60 business days. DND subsequently agreed to implement the order.
- 1Whether National Defence responded to the access request within the 30-day period as required by section 7 of the Access to Information Act
- 2Whether National Defence was deemed to have refused access under subsection 10(3) of the Act due to delay
- Timeliness / deemed refusal: Deemed refusal upheld
- Delay justification: Delay found unacceptable
- Compliance order: Institution ordered to respond
- Order implementation: Institution agreed to implement order
Complaint well founded — disclosure ordered
National Defence failed to respond to the access request within the statutory 30-day period and did not seek an extension or transfer the request. The delay was attributed to internal unresponsiveness from Offices of Primary Interest, which the Commissioner found unacceptable, leading to a deemed refusal.
The Information Commissioner ordered the Minister of National Defence to provide a complete response to the access request no later than 60 business days after the date of the final report.
- 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.
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