Office of the Auditor General of Canada (Re), 2022 OIC 40
The complainant alleged that the Office of the Auditor General of Canada (OAG) had incorrectly stated that witness statements and documentation supporting a harassment investigation report were not under its control. The OIC investigated whether these records were under the OAG's control, considering factors such as whether they related to an institutional matter and if the OAG had a legally enforceable right to access them. Ultimately, the OIC found that the records were indeed under the OAG's control, making the complaint well-founded.
- Determination of 'control' over records not in physical possession of an institution.
- Whether the OAG had a legally enforceable right of access to the investigation records.
- Whether the content of the records required OAG authorization for communication.
- Whether the OAG relied on the records when preparing other government records.
Complaint well founded
The OIC found that the records were under the OAG's control based on several factors, including that they related to an institutional matter, the OAG had a legally enforceable right to access them, their communication would require OAG authorization, and the investigator was acting on behalf of the OAG when preparing reports using these records. The OAG subsequently retrieved and processed the records.
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The OAG was ordered to provide access to the records.
- s.30(1)(a) ATIA
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