Federal (Canada)Access to Information ActDiscontinued

Notice under subsection 30(5), 2021 OIC 16

Organization: A federal institutionComplainant: Anonymous applicant
Plain-language brief

The Office of the Information Commissioner (OIC) ceased an investigation into a complaint alleging that a federal institution failed to conduct a reasonable search for records created in the 1990s. The OIC invoked paragraph 30(4)(b) of the Access to Information Act, which permits ceasing an investigation if it is unnecessary, such as when the matter has already been investigated. The OIC had previously investigated and issued a final report on an identical complaint regarding the same institution and type of records. The complainant was given an opportunity to provide representations on why the investigation should continue but did not respond. As no new evidence was presented to differentiate this complaint from the prior one, the OIC concluded that continuing the investigation was unnecessary.

Key issues
  1. 1Whether the investigation was unnecessary under paragraph 30(4)(b) of the Access to Information Act because the matter had already been the subject of an investigation or final report
Outcome breakdownFavours: Institution
  • Reasonable search: Investigation ceased
  • Investigation cessation: Cessation upheld
Outcome

Investigation ceased

Reasoning

The OIC had already investigated and issued a final report on an identical matter, and the complainant provided no new evidence to suggest this complaint was different, making further investigation unnecessary.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Statutes considered
  • s.30(4)(b) ATIA
  • s.30(5) ATIA

This summary is for informational purposes only and does not constitute legal advice.

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