Federal (Canada) privacy & access decisions

The complainant alleged that National Defence (DND) failed to respond to an access request within the 30-day statutory period for documents related to Operation Safe Haven. The OIC found that DND did not respond by the deadline and was deemed to have refused access under subsection 10(3) of the Act. The delay was attributed to the Canadian Forces Intelligence Command (CFINTCOM), an Office of Primary Interest (OPI), which failed to provide responsive records in a timely manner. The Commissioner concluded that this delay was unacceptable and affected DND's ability to meet its obligations under the Act. The complaint was found to be well founded, and DND was ordered to provide a complete response within 60 business days. The Commissioner also recommended DND develop better processes and accountability measures for OPIs regarding timely record provision.

• Whether National Defence responded to the access request within the 30-day period set out in section 7 of the Access to Information Act
• Whether National Defence was deemed to have refused access to the requested records pursuant to subsection 10(3) of the Act
• Whether the delay by the Canadian Forces Intelligence Command (CFINTCOM) in retrieving records was acceptable

The complainant alleged that National Defence (DND) failed to respond to an access request within the 30-day statutory period for all documents relating to the course of action of Operation Aegis. The OIC found that DND received the request on September 1, 2023, and did not extend the response period or transfer the request, making the deadline October 1, 2023. DND failed to respond by this date, leading to a deemed refusal under subsection 10(3) of the Act. The investigation revealed that delays were primarily due to the Canadian Forces Intelligence Command (CFINTCOM), one of DND's Offices of Primary Interest (OPIs), which had not yet provided all responsive records to the Departmental Access to Information and Privacy (DAIP) office. The Commissioner deemed CFINTCOM's delay unacceptable and emphasized the collective responsibility of the institution to ensure timely access to information. The complaint was found to be well-founded, and DND was ordered to provide a complete response within 60 business days.

• Whether National Defence responded to the access request within the 30-day period set out in section 7 of the Access to Information Act
• Whether National Defence validly extended the 30-day period under section 9 of the Access to Information Act
• Whether National Defence is deemed to have refused access to the requested records under subsection 10(3) of the Access to Information Act
• Whether the delay by the Office of Primary Interest (Canadian Forces Intelligence Command) in retrieving records was acceptable