5823-02551 — National Defence
The complainant alleged that National Defence (DND) failed to respond to an access request within the 30-day statutory period for documents related to Operation Safe Haven. The OIC found that DND did not respond by the deadline and was deemed to have refused access under subsection 10(3) of the Act. The delay was attributed to the Canadian Forces Intelligence Command (CFINTCOM), an Office of Primary Interest (OPI), which failed to provide responsive records in a timely manner. The Commissioner concluded that this delay was unacceptable and affected DND's ability to meet its obligations under the Act. The complaint was found to be well founded, and DND was ordered to provide a complete response within 60 business days. The Commissioner also recommended DND develop better processes and accountability measures for OPIs regarding timely record provision.
- 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 was deemed to have refused access to the requested records pursuant to subsection 10(3) of the Act
- 3Whether the delay by the Canadian Forces Intelligence Command (CFINTCOM) in retrieving records was acceptable
- Timeliness / deemed refusal: Deemed refusal upheld
- Institutional practices: Better processes recommended
- Complaint outcome: Complaint well founded
- Disclosure order: Complete response ordered
Complaint well founded — disclosure ordered
National Defence failed to respond to the access request within the 30-day statutory period, nor did it extend the period or transfer the request. This resulted in a deemed refusal under subsection 10(3) of the Act. The delay was primarily caused by the Canadian Forces Intelligence Command's failure to provide responsive records in a timely manner, which the Commissioner found unacceptable.
The Minister of National Defence was 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 and performance indicators for senior officials to ensure timely provision of records.
- 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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