Our duty to Canadians: Responding completely to Access to Information requests
October 30, 2023 - Defence Stories
The work of the Defence Team is of great interest to Canadians, to industry, and to academia; and as one of the largest federal departments, the Department of National Defence (DND) and the Canadian Armed Forces (CAF) are routinely near the top of the list across government for the number of Access to Information requests received each year.
For our fellow Canadians, access to information is a fundamental right and directly supports the Government of Canada’s objectives of transparency and accountability. DND/CAF are not exempt, and we are committed to meeting our obligations in this area.
There has been increased attention paid to the number of “Nil” responses, which indicates no information had been found. While in some cases, there are valid reasons for a “Nil” response when a search for information across our files does not produce a return, on too many occasions a secondary search after a follow-up complaint had been sent to the Information Commissioner of Canada has identified records.
We understand that everyone across the Defence Team is busy and that we all face competing priorities, however, when we submit inaccurate information (such as a “Nil” response), it calls into question our commitment to openness and transparency. Staff are reminded that a comprehensive search should also include, wherever possible, checking and reviewing the records of predecessors and / or previous individuals who have held your position or files.
As a federal institution, we have a duty to assist requesters – which is enforceable under the Access to Information Act. This means that each of us must make every reasonable effort to assist individuals making a request for records. DND/CAF are fully committed to complying with this provision for all requests made under the Act, and we apply the spirit of the provision to requests made under the Privacy Act.
The concept of duty to assist includes:
- Providing accurate and complete responses;
- Providing timely access;
- Processing requests without regard for the identity of requester;
- Offering reasonable assistance throughout the request process;
- Informing applicants of the access to information and complaint processes;
- Providing opportunities to clarify the request where necessary or appropriate, in a manner that has the least impact on response timelines;
- Making a diligent and thorough effort to locate and retrieve all requested records in a timely manner;
- Applying limited and specific exemptions to the requested records; and
- Providing records in the format requested, where appropriate.
The duty to assist does not mean that we will release information which can and should be safeguarded in accordance with the Access to Information Act and the Privacy Act. It requires that initial stages of a request – the search for, and collection of information – are completed thoroughly and in a timely manner. The Directorate of Access to Information and Privacy is available to provide advice and guidance and to ensure that every Defence Team member understands the requirements of the acts.
We are counting on your support to ensure that Access to Information and Privacy requests are answered in a manner that reflects our commitment to open and transparent functioning of government.
Bill Matthews
Deputy Minister
General Wayne Eyre
Chief of the Defence Staff