Decisions

The complainant alleged that National Defence (DND) improperly withheld information under subsection 19(1) (personal information) of the Access to Information Act and did not conduct a reasonable search when responding to an access request. The request was for records related to the funding of a medical residency training program for a specified period. The allegations fall within paragraph 30(1)(a) of the Act.

DND conceded that it had not properly applied subsection 19(1) in all instances it was applied, and issued a supplementary disclosure. The Information Commissioner was satisfied that the remaining withheld information met the requirements of the exemption.

During the investigation, DND conducted additional searches and found additional records. The Information Commissioner concluded that DND did not conduct a reasonable search when it initially responded to the request. Also, the investigation determined that more records responsive to the request should have existed but, for various reasons, had not been retained by DND. The Information Commissioner further concluded that DND failed to pursue inquiries to ensure all responsive records were located at the time it processed the request.

The Commissioner recommended that DND ensure that its employees receive training and support on information management responsibilities and procedures, and are instructed to comply with those responsibilities. DND gave notice to the Commissioner that it would be implementing the recommendations and shared its plan to improve practices regarding records management.

The complaint is well founded.

The complainant alleged that Environment and Climate Change Canada (ECCC) did not respond within the extended period under subsection 9(1) of the Access to Information Act to an access request. The request was for records related to meetings and the lobbying efforts of the Pathways Alliance Inc., from January 14, 2023, to May 4, 2023. The allegation falls under paragraph 30(1)(a) of the Act.

The investigation determined that ECCC did not respond to the access request when the time extension expired. The delay was caused by a lack of responsiveness from two offices of primary interest (OPIs).

The Information Commissioner ordered that ECCC provide a response to the access request no later than August 7, 2024. She also recommended that the Minister of Environment develop proper processes and procedures to ensure that ECCC OPIs will abide by their responsibilities to provide responsive records in a timely fashion to ECCC’s ATIP Office and that he develop performance indicators to hold senior officials accountable for delays in providing responsive records to ECCC’s ATIP Office.

ECCC gave notice to the Commissioner that it would be implementing the order and detailed the steps it is taking to implement the recommendations.

The complaint is well founded.

The complainant alleged that National Defence did not respond to an access request within the 30‑day period set out in section 7 of the Access to Information Act. The request was for all documents relating to the course of action of Operation Safe Haven. The allegation falls under paragraph 30(1)(a) of the Act.

The Information Commissioner concluded that National Defence did not meet its obligation to respond within the 30-day period and that it is deemed to have refused access to the requested records pursuant to subsection 10(3). The Information Commissioner found that the delay taken by the Office of Primary Interest, Canadian Forces Intelligence Command, to retrieve all relevant records was unacceptable.

The Information Commissioner ordered the Minister of National Defence to provide a complete response to the access request no later than the 60^th business day following the date of the final report.

The Information Commissioner recommended that the Minister of National Defence develop proper processes and procedures to ensure that National Defence’s Offices of Primary Interest will abide to their responsibilities to provide responsive records in a timely fashion to the Directorate Access to Information and Privacy.

The Information Commissioner also recommended that the Minister of National Defence develop performance indicators to hold its senior officials accountable for delays in providing responsive records to the Directorate Access to Information and Privacy.

The Information Commissioner was notified that National Defence would be implementing the order, further stating that National Defence has already undertaken work to implement the Information Commissioner’s recommendations. Specifically, National Defence has introduced a multidisciplinary team to address concerns with access to information. This working group is meant to engage various stakeholders to identify challenges and implement options for improvement, including changes to processes and procedures, creation and implementation of tools and adoption of technology.

The complaint is well founded.