BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5821-04307 — Indigenous Services Canada
Office of the Information Commissioner of CanadaAccess to Information Act5821-04307Well-founded
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5821-04307 — Indigenous Services Canada

Organization: Indigenous Services Canada
Decision: Jul 11, 2023Published: Jul 11, 2023

The complainant alleged that Indigenous Services Canada (ISC) did not conduct a reasonable search for records related to various infrastructure investment plans and frameworks. The investigation found that ISC's initial search was insufficient, as the Offices of Primary Interest tasked may not have been appropriate and other offices might hold responsive records. The Information Commissioner ordered ISC to conduct a new, broader search for records.

  • Reasonableness of the search conducted by the institution
  • Identification and tasking of appropriate offices of primary interest
  • Adequacy of documentation of search efforts

Complaint well founded — new search ordered

The institution failed to provide sufficient evidence to demonstrate that it conducted a reasonable search for responsive records. Specifically, the offices initially tasked were not deemed appropriate, and the institution had not fully explored other potential sources of records.

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Recommended action / remedy

Indigenous Services Canada was ordered to conduct a new search for additional records responsive to the access request and provide a new response.

Statutory provisions cited
  • s.30(1)(a) ATIA
  • s.36.1(1) ATIA

This is an informational summary and not legal advice.