BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/A-2022-02160 — National Defence
Office of the Information Commissioner of CanadaAccess to Information Act5823-01054Well-founded
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A-2022-02160 — National Defence

Organization: National Defence
Decision: Aug 6, 2024Published: Aug 6, 2024

The complainant alleged that National Defence (DND) failed to respond to an access request within the 30-day period required by the Access to Information Act. The request concerned documentation related to unidentified objects shot down over Yukon and Lake Huron in February 2023. The Information Commissioner found that DND did not meet its response deadline and is deemed to have refused access. An order was issued requiring DND to provide a complete response within 36 business days.

  • Failure to respond to an access request within the legislated time limit.
  • DND's reliance on internal offices (RCAF and CFINTCOM) for responsive records.
  • The interpretation of 'response' under the Access to Information Act.

Complaint well founded — order issued for DND to provide a complete response.

The Information Commissioner found that DND failed to respond to the access request within the 30-day period required by section 7 of the Act. DND is therefore deemed to have refused access under subsection 10(3). DND also provided notice that it would implement the order.

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Recommended action / remedy

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

Statutory provisions cited
  • s.7 ATIA
  • s.10(3) ATIA
  • s.30(1)(a) ATIA
  • s.9 ATIA

This decision is informational only and does not constitute legal advice.