A-2022-02160 — National Defence
The complainant alleged that National Defence (DND) failed to respond to an access request within the 30-day period mandated by section 7 of the Access to Information Act. The request sought all documentation related to unidentified objects shot down in Yukon and over Lake Huron in February 2023, including emails, photos, and reports. The investigation confirmed that DND received the request on March 16, 2023, and did not extend the response period, making the due date April 17, 2023. DND failed to respond by this date, leading to a deemed refusal under subsection 10(3). The Commissioner found the delay by DND's Offices of Primary Interest (OPIs) in providing responsive records unacceptable, noting that one OPI provided incomplete records and another none at all. The Commissioner concluded that DND did not meet its obligations under the Act. The complaint was found to be well founded, and DND was ordered to provide a complete response within 36 business days.
- 1Whether National Defence responded to the access request within the 30-day period required by section 7 of the Access to Information Act
- 2Whether National Defence is deemed to have refused access under subsection 10(3) due to failure to respond within statutory timelines
- Timeliness / deemed refusal: Deemed refusal confirmed
- Adequacy of search: Search found inadequate
- Compliance with Act: Institution failed to meet obligations
- Disclosure of records: 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 seek an extension or transfer the request. This resulted in a deemed refusal under subsection 10(3) of the Act. The Commissioner found the internal delays by DND's Offices of Primary Interest in providing records to be unacceptable and a contravention of DND's obligations.
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. The Commissioner also recommended that DND develop proper processes and procedures for OPIs to provide records in a timely fashion and develop performance indicators to hold senior officials accountable for delays.
- s.7 ATIA
- s.9(1) 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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