The complainant alleged that National Defence (DND) did not respond to an access request submitted under the Access to Information Act within the 30-day period, as required by section 7. The request was for the results of Ross Harvey’s (Dr. Ross B. Harvey was a Suffield Experimental Station (SES)/Defence Research Establishment Suffield (DRES) defence scientist from the mid-1950s to the early 1980s who worked extensively in both the Chemical Warfare and Shock and Blast programs) review of these reports. Presumably, he prepared a short summary of his recommendations for each report; and, documents detailing which recommendations were accepted and implemented by DRES management. The allegation falls under paragraph 30(1)(a) of the Act.

The Investigation determined DND did not respond by the required date and is deemed to have refused access to the requested records under subsection 10(3).

The Information Commissioner ordered that National Defence complete the retrieval of all records responsive to the request and provide a response to the access request no later than the 36th business day following the date of the final report.

National Defence gave notice to the Commissioner that it would be implementing the order.

The complaint is well founded.