5822-02031, 5822-02032, 5822-02033 & 5822-02034 — National Defence
The complainant alleged that National Defence failed to conduct reasonable searches for records related to specific contracts under the Access to Information Act. The OIC found that National Defence had not attempted to retrieve records from a third-party contractor and had not searched all likely locations, such as a cloud-based platform. Consequently, the OIC ordered National Defence to conduct further searches, process any responsive records found, and provide updated responses to the complainant.
- Reasonableness of search efforts
- Definition of 'control' over records
- Failure to retrieve records from third-party contractor
- Deficiencies in records management
Complaint well founded — disclosure ordered
The Commissioner found that National Defence did not conduct reasonable searches because it failed to attempt to retrieve records under its control from a contractor and did not search all potential locations, such as a cloud platform, despite contractual requirements for record delivery.
AI-generated summary for reference only. Always verify against the official decision ↗
National Defence was ordered to process any additional records located, provide new responses to the complainant, and grant access to responsive records unless exempt under the Act.
- s.30(1)(a) ATIA
- s.36.1 ATIA
This is an informational summary and not legal advice.