5825-00289 — 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 a Canadian Forces National Counter-Intelligence Unit (CFNCIU) document titled "Defining IMVE," dated November 8, 2018. DND received the request on March 10, 2025, making the response deadline April 9, 2025, but failed to respond by this date or to issue a valid extension. The investigation revealed that the delay was due to the Office of Primary Interest (OPI), the Canadian Forces Intelligence Command (CFINTCOM), not providing the requested records to DND's Directorate Access to Information and Privacy (DAIP). The Commissioner found this delay unacceptable, especially given the document was estimated to be only six pages long. Consequently, DND was deemed to have refused access under subsection 10(3) of the Act. The Commissioner ordered DND to provide a complete response within 36 business days, and DND agreed to comply.