5822-06573 — National Defence
The complainant alleged that the time National Defence (DND) took to respond to an access request regarding military equipment sent to Ukraine was unreasonable. The OIC found that DND did not meet the requirements for a valid time extension. DND was deemed to have refused access. Following discussions facilitated by the OIC, the complainant narrowed the scope of the request, and DND then estimated a six-month response time. The Commissioner ordered DND to provide a complete response by November 25, 2024.
- Reasonableness of time extension under subsection 9(1) of the ATIA.
- Whether DND met the requirements for a time extension due to volume of records under paragraph 9(1)(a).
- Deemed refusal of access under subsection 10(3) due to failure to respond within the extended period.
- Impact of narrowing the request on the response timeline.
Complaint well founded — order issued
The Commissioner found that National Defence did not provide sufficient justification for the lengthy extension of time taken to respond to the access request, failing to demonstrate it met all the requirements of paragraph 9(1)(a). Consequently, DND was deemed to have refused access. The complaint was resolved following a significant reduction in the scope of the request by the complainant.
AI-generated summary for reference only. Always verify against the official decision ↗
The Minister of National Defence was ordered to provide a complete response to the access request on or before November 25, 2024.
- s.9(1) ATIA
- s.30(1)(c) ATIA
- s.10(3) ATIA
This decision is for informational purposes only and does not constitute legal advice.