Canadian privacy & access decisions

The complainant alleged that National Defence (DND) failed to respond to an access request within the statutory 30-day period, as required by section 7 of the Access to Information Act. The request sought records related to Dr. Ross Harvey's review of Suffield Experimental Station/Defence Research Establishment Suffield reports, specifically his recommendations and their implementation by DRES management. DND extended the response period by 120 days, making the new deadline August 31, 2023, but failed to respond by this date. The investigation found that DND did not meet its obligation, leading to a deemed refusal of access under subsection 10(3) of the Act. The Commissioner noted ongoing internal discussions within DND regarding severances, which delayed the processing and release of records. The Commissioner concluded that DND's lack of responsiveness contravened its obligations and undermined the access system. The complaint was found to be well founded, and DND was ordered to complete the retrieval of records and provide a full response.

• Whether National Defence responded to the access request within the statutory time limits under section 7 of the ATIA
• Whether National Defence's extension of the response period under paragraph 9(1)(a) was properly followed
• Whether National Defence is deemed to have refused access under subsection 10(3) due to failure to respond
• Whether National Defence's ongoing internal review processes justified the delay in responding