Public Services and Procurement Canada (Re), 2022 OIC 23
The complainant alleged that Public Services and Procurement Canada (PSPC) failed to provide records in response to an access request concerning a contract awarded to Brookfield Global Integrated Solutions (BGIS) and a related subcontract. PSPC initially stated it could not identify relevant records, arguing the subcontract was not under its control. The investigation found that while the records were not in PSPC's physical possession, they were under its control for the purposes of the Access to Information Act, based on the legal relationship between PSPC and BGIS and the terms of their contract. The Commissioner concluded that PSPC did not conduct a reasonable search because it made no effort to obtain the subcontract and related documents from BGIS. The complaint was found to be well founded, and the Commissioner recommended PSPC retrieve and process the records. However, PSPC declined to implement the recommendations.
- 1Whether the subcontract and related records were "under the control" of Public Services and Procurement Canada (PSPC) for the purposes of the Access to Information Act
- 2Whether the contents of the record relate to an institutional matter
- 3Whether PSPC could expect to obtain a copy of the record upon request
- 4Whether PSPC conducted a reasonable search for records responsive to the request
- Control of records: Records deemed under institution's control
- Adequacy of search: Search found unreasonable
- Complaint outcome: Complaint well founded
- Recommendations implementation: Institution declined to implement recommendations
Complaint well founded — institution declined to implement recommendations
The Commissioner found that the records, though not in PSPC's physical possession, were under its control due to the contractual relationship with BGIS, which provided PSPC with the legal ability to obtain the subcontract and related documents. Consequently, PSPC's failure to retrieve and process these records constituted an unreasonable search.
The Commissioner recommended that Public Services and Procurement Canada retrieve the requested records from BGIS and respond to the access request by processing them in accordance with the Act, giving access unless specific provisions apply. However, PSPC declined to implement these recommendations.
This summary is for informational purposes only and does not constitute legal advice.
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