Federal (Canada)Access to Information ActNot well-founded

3217-02579 — National Defence

Organization: National DefenceComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that National Defence (DND) conducted an incomplete search for records related to the Official Radio Log Book of the HMCS Shawinigan for a specific period in 2016. During the investigation, the Office of the Information Commissioner (OIC) found that DND had tasked the Royal Canadian Navy (RCN) to retrieve the records, but the RCN reported them as "lost." DND conducted a Summary Investigation into the disappearance of the log pages, which revealed that the log book had been transferred and used by another vessel, and the relevant pages had been removed. Despite extensive efforts, including interviews with crew members, DND's investigation could not definitively determine when or how the pages went missing. The OIC concluded that DND conducted a reasonable search, tasking appropriate sectors and making reasonable efforts, but the records could not be found. The OIC noted the implications of deficiencies in records management but found no basis to conclude that DND failed its search obligations or that records could reasonably be found.

Key issues
  1. 1Whether National Defence conducted a reasonable search for the requested records
Outcome breakdownFavours: Institution
  • Adequacy of search: Search found to be reasonable
  • Record disappearance: Investigation into missing records conducted
  • Records management: Deficiencies noted but no impact on search finding
Outcome

Complaint not well founded

Reasoning

The OIC found that National Defence tasked the appropriate program area (Royal Canadian Navy) and conducted reasonable searches, including an internal investigation into the disappearance of the records. Despite these efforts, the records could not be located, and there was no indication they were lost to avoid access. Therefore, the OIC concluded that DND fulfilled its obligation to conduct a reasonable search.

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