5820-02055 — Immigration and Refugee Board of Canada
The complainant alleged that the Immigration and Refugee Board of Canada (IRB) failed to conduct a reasonable search for records containing all final decisions made between January 2018 and June 2020. The IRB's ATIP office mistakenly narrowed the request to only written decisions, excluding responsive audio recordings without the complainant's consent. The Information Commissioner found the complaint well-founded and ordered the IRB to process all responsive audio recordings.
- Reasonableness of search
- Definition of 'record' under ATIA
- Scope of access request
- Assistance to requesters
Complaint well founded — order issued for processing of audio recordings
The Information Commissioner determined that the IRB did not conduct a reasonable search because its ATIP office incorrectly limited the scope of the request to written decisions, thereby failing to identify and process responsive audio recordings. Audio recordings are considered records under the Act, and institutions have a duty to make every reasonable effort to assist requesters.
AI-generated summary for reference only. Always verify against the official decision ↗
The Information Commissioner ordered the IRB to process all audio recordings within the scope of the request forthwith.
- s.30(1)(a) ATIA
- s.4(2.1) ATIA
- s.36.1(1) ATIA
- s.37(4) ATIA
This is an informational summary only and does not constitute legal advice.