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Federal (Canada)Access to Information ActWell-founded

5823-02458 — National Defence

Organization: National DefenceComplainant: Anonymous applicant
BookmarkView Governing Law
Plain-language brief

The complainant alleged that National Defence (DND) failed to respond to an access request within the statutory 30-day period, as required by section 7 of the Access to Information Act. The request sought records related to Dr. Ross Harvey's review of Suffield Experimental Station/Defence Research Establishment Suffield reports, specifically his recommendations and their implementation by DRES management. DND extended the response period by 120 days, making the new deadline August 31, 2023, but failed to respond by this date. The investigation found that DND did not meet its obligation, leading to a deemed refusal of access under subsection 10(3) of the Act. The Commissioner noted ongoing internal discussions within DND regarding severances, which delayed the processing and release of records. The Commissioner concluded that DND's lack of responsiveness contravened its obligations and undermined the access system. The complaint was found to be well founded, and DND was ordered to complete the retrieval of records and provide a full response.

Key issues
  1. 1Whether National Defence responded to the access request within the statutory time limits under section 7 of the ATIA
  2. 2Whether National Defence's extension of the response period under paragraph 9(1)(a) was properly followed
  3. 3Whether National Defence is deemed to have refused access under subsection 10(3) due to failure to respond
  4. 4Whether National Defence's ongoing internal review processes justified the delay in responding
Outcome breakdownFavours: Applicant / complainant
  • Timeliness of response: Deemed refusal found
  • Compliance with Act: Institution contravened obligations
  • Complaint outcome: Complaint well-founded
  • Remedy: Institution ordered to complete processing and respond
Outcome

Complaint well founded — disclosure ordered

Reasoning

National Defence failed to respond to the access request within the extended deadline, resulting in a deemed refusal under subsection 10(3) of the Act. The ongoing internal review of records did not excuse the institution's failure to provide a timely response.

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Decision notes
Recommended action / remedy

The Minister of National Defence is ordered to provide a complete response to the access request no later than 36 business days after the date of the final report.

Statutes considered
  • s.7 ATIA
  • s.9(1)(a) 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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