Canadian privacy & access decisions

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.

• Whether the institution responded to the access request within the 30-day period set out in section 7 of the Access to Information Act
• Whether the institution was deemed to have refused access under subsection 10(3) of the Act due to delay

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.

• 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 in deemed refusal under subsection 10(3) of the Access to Information Act

The complainant alleged that Transport Canada failed to conduct a reasonable search for records in response to an access request concerning communications between Transport Canada and the Royal Canadian Mounted Police (RCMP) related to Class D operation with a single engine helicopter. Initially, Transport Canada located only two pages. During the OIC's investigation, Transport Canada conducted additional searches, identifying approximately 690 more responsive pages. While the institution argued that consultations with the RCMP would take at least six months, the Commissioner found that a reasonable search had ultimately been conducted. However, the Commissioner ordered Transport Canada to process these additional records and provide a new response to the complainant within 60 business days, emphasizing that the institution bears ultimate responsibility for ensuring consultations do not unduly delay access. The complaint was found to be well founded.

• Whether Transport Canada conducted a reasonable search for records
• Whether the consultation process with the RCMP unduly delayed access