A-2024-02352 — National Defence
The complainant alleged that National Defence (DND) failed to respond to an access request within the 30-day statutory period, constituting a deemed refusal under subsection 10(3) of the Access to Information Act. The request sought "Report 002-18: The militia movement, the III%, and the threat to DND/CAF" and associated documents. The investigation confirmed that DND did not respond by the deadline of April 9, 2025, and had not extended the timeline. The delay was attributed to the Office of Primary Interest (OPI), Canadian Forces Intelligence Command (CFINTCOM), which had not yet retrieved the records despite estimating only 13 pages. The Information Commissioner found this delay unacceptable and emphasized the collective responsibility of all DND personnel to respect access rights. 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 set out in section 7 of the Access to Information Act
- 2Whether National Defence was in deemed refusal under subsection 10(3) of the Access to Information Act
- Timeliness / deemed refusal: Complaint well founded
- Response deadline: DND ordered to respond within 36 business days
Complaint well founded — disclosure ordered
National Defence failed to respond to the access request within the statutory 30-day period and did not validly extend the timeline, resulting in a deemed refusal. The delay was caused by an internal office (CFINTCOM) failing to retrieve records in a timely manner.
The Minister of National Defence is ordered to provide a complete response to the access request no later than 36 business days following the date of the final report.
- 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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