5823-02552 — National Defence
The complainant alleged that National Defence (DND) failed to respond to an access request within the 30-day statutory period for all documents relating to the course of action of Operation Aegis. The OIC found that DND received the request on September 1, 2023, and did not extend the response period or transfer the request, making the deadline October 1, 2023. DND failed to respond by this date, leading to a deemed refusal under subsection 10(3) of the Act. The investigation revealed that delays were primarily due to the Canadian Forces Intelligence Command (CFINTCOM), one of DND's Offices of Primary Interest (OPIs), which had not yet provided all responsive records to the Departmental Access to Information and Privacy (DAIP) office. The Commissioner deemed CFINTCOM's delay unacceptable and emphasized the collective responsibility of the institution to ensure timely access to information. The complaint was found to be well-founded, and DND was ordered to provide a complete response within 60 business days.
- 1Whether National Defence responded to the access request within the 30-day period set out in section 7 of the Access to Information Act
- 2Whether National Defence validly extended the 30-day period under section 9 of the Access to Information Act
- 3Whether National Defence is deemed to have refused access to the requested records under subsection 10(3) of the Access to Information Act
- 4Whether the delay by the Office of Primary Interest (Canadian Forces Intelligence Command) in retrieving records was acceptable
- Timeliness / deemed refusal: Deemed refusal upheld
- Institutional responsibility: OPI delay deemed unacceptable
- Disclosure of records: Records ordered disclosed
Complaint well founded — disclosure ordered
National Defence failed to respond to the access request within the statutory 30-day period and did not validly extend this period, resulting in a deemed refusal. The delay was attributed to an Office of Primary Interest (Canadian Forces Intelligence Command) not providing responsive records in a timely manner.
The Minister of National Defence is ordered to provide a complete response to the access request no later than the 60th business day following the date of the final report. The Commissioner also recommended developing proper processes and procedures for OPIs to provide records in a timely fashion and establishing performance indicators to hold senior officials accountable for delays.
- s.7 ATIA
- s.9 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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