Federal (Canada)Access to Information ActWell-founded

5821-04307 — Indigenous Services Canada

Organization: Indigenous Services CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Indigenous Services Canada (ISC) failed to conduct a reasonable search for records related to the National Priority Ranking Framework, the Priority Framework for Water and Wastewater Projects, and long-term First Nations Infrastructure Investment Plans, including internal correspondence, from 2014 onwards. The investigation revealed that the Offices of Primary Interest (OPIs) initially tasked with the search might not have been the most appropriate ones, and that additional OPIs likely held responsive records. ISC was unable to provide concrete details about the search parameters or sufficient documentation of their efforts. The Commissioner concluded that ISC did not conduct a reasonable search. Consequently, the Commissioner ordered ISC to conduct a new, expanded search and provide a new response to the complainant, either granting access to any additional records found or explaining why no such records were located.

Key issues
  1. 1Whether Indigenous Services Canada conducted a reasonable search for records in response to the access request
Outcome breakdownFavours: Applicant / complainant
  • Adequacy of search: Search found unreasonable
  • Search scope: New, expanded search ordered
  • Access to records: New response to complainant ordered
Outcome

Complaint well founded — new search and response ordered

Reasoning

Indigenous Services Canada failed to provide sufficient evidence that it conducted a reasonable search for responsive records. The Offices of Primary Interest initially tasked were not appropriate, and the institution could not adequately document its search methodology or efforts.

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Decision notes
Recommended action / remedy

The Commissioner ordered Indigenous Services Canada to conduct a new search for additional records, provide a new response to the complainant, and either give access to any additional responsive records or explain why none were found.

Statutes considered
  • s.30(1)(a) ATIA
  • s.36.1(1) ATIA

This summary is for informational purposes only and does not constitute legal advice.

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