Public Services and Procurement Canada (Re), 2022 OIC 23
The complainant alleged that Public Services and Procurement Canada (PSPC) failed to provide records regarding a specific contract. PSPC stated they could not identify relevant records, claiming they were not in their possession. The Information Commissioner found that while the records (a subcontract and related documents) were not in PSPC's physical possession, they were under PSPC's control for the purposes of the Access to Information Act. Therefore, PSPC should have retrieved and processed these records.
- Whether records held by a third-party contractor are under the control of a federal institution.
- Whether the institution conducted a reasonable search for the requested records.
- The interpretation of the 'under the control' clause in the Access to Information Act.
Complaint well founded
The Commissioner determined that PSPC had control over the subcontract and related records because its contract with the third-party contractor, Brookfield Global Integrated Solutions (BGIS), provided mechanisms for PSPC to obtain such documents. PSPC's claim that it did not have control was found to be incorrect, and consequently, their search for the records was deemed not reasonable.
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PSPC was recommended to retrieve the requested records from BGIS and process them in accordance with the Act.
- s. 37(1)(a) ATIA
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