Environment and Climate Change Canada (Re), 2021 OIC 36
The complainant alleged that Environment and Climate Change Canada (ECCC) did not conduct a reasonable search for a draft report prepared by the Northgate Group. The investigation found that ECCC overwrote the original draft report by saving edits directly to the USB key it was provided on. This action meant the original draft report no longer exists and could not be produced, irreversibly undermining the complainant's right of access. The OIC found the complaint well-founded, noting the importance of preserving records for transparency and accountability.
- Reasonableness of the search conducted by the institution
- Duty to preserve records of business value
- Impact of record destruction on the right of access
Complaint well founded
The institution failed to preserve an important draft report, meaning it could not be provided in response to the access request. This failure, combined with the fact that additional records were found during the investigation that should have been disclosed earlier, led to the finding that the complaint was well-founded.
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The OIC recommended that ECCC provide training to staff on their obligations regarding access to information and recordkeeping, which the institution agreed to implement.
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