5822-06573 — National Defence
The complainant alleged that National Defence (DND) took an unreasonable extension of time to respond to an access request for information related to military equipment, weaponry, and ammunition sent to Ukraine from 2019 to 2022. DND initially extended the response time by 3,210 days, citing the large volume of records and interference with operations. The Commissioner found that while the request involved a large number of records and would interfere with operations, DND did not demonstrate that the extended period was reasonable, as it lacked sufficient rigor in its calculation and planned consecutive, rather than concurrent, processing steps. Consequently, DND was deemed to have refused access to the records. During the investigation, the complainant narrowed the scope of the request, reducing the record count by approximately 20,000 pages. DND then indicated it could respond within six months, which the complainant found acceptable. The Commissioner ordered DND to provide a complete response by November 25, 2024, and DND agreed to implement the order.
- 1Whether the extension of time taken by National Defence under subsection 9(1) of the Access to Information Act was unreasonable
- 2Whether the access request was for a large number of records or required searching through a large number of records under paragraph 9(1)(a)
- 3Whether meeting the 30-day time limit would unreasonably interfere with the institution’s operations under paragraph 9(1)(a)
- 4Whether the extension of time was for a reasonable period, having regard to the circumstances, under paragraph 9(1)(a)
- 5Whether National Defence was deemed to have refused access to the requested records pursuant to subsection 10(3)
- Extension of time: Extension found unreasonable
- Deemed refusal: Deemed refusal upheld
- Response timeline: New response deadline ordered
Complaint well founded — disclosure ordered
National Defence failed to demonstrate that the 3,210-day extension of time was reasonable, as its calculation lacked rigor and it planned consecutive processing steps. This led to a deemed refusal. However, subsequent rescoping of the request by the complainant and a revised timeline from DND were found to be reasonable, leading to an order for disclosure.
The Minister of National Defence is ordered to provide a complete response to the access request on or before November 25, 2024.
- s.9(1) ATIA
- s.9(1)(a) ATIA
- s.9(1)(b) ATIA
- s.10(3) ATIA
- s.30(1)(c) ATIA
- s.6 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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