5822-02031, 5822-02032, 5822-02033 & 5822-02034 — National Defence
The complainant alleged that National Defence (DND) failed to conduct reasonable searches for records related to specific contracts under the Access to Information Act. The OIC investigation found that DND had not attempted to retrieve records from a third-party contractor, despite being entitled to them under the contract, nor had it searched paper records or a cloud-based platform. While DND initially argued the records were not under its control, it later conceded this point. As a result of the OIC's investigation, DND contacted the contractor and retrieved additional documents from the cloud platform. The Information Commissioner concluded that DND's initial searches were not reasonable. The complaints were found to be well founded, and DND was ordered to process the newly located records and provide new responses to the complainant.
- 1Whether National Defence conducted reasonable searches for records related to contracts W6369-21-X008 and W6369-19-X033/A
- 2Whether records held by a third-party contractor, which National Defence was entitled to obtain, were under the control of National Defence
- 3Whether National Defence adequately searched paper records
- 4Whether National Defence adequately searched cloud-based platforms
- Adequacy of search: Initial search found unreasonable
- Control of records: Records found to be under institutional control
- Processing of records: Institution ordered to process newly located records
- Complaint outcome: Complaint found well-founded
Complaint well founded — disclosure ordered
National Defence failed to conduct reasonable searches by not attempting to retrieve records from a third-party contractor as per contractual agreements, and by not searching paper records or a cloud-based platform. These records were determined to be under the control of National Defence.
The Minister of National Defence was ordered to process any additional records located, provide new responses to the complainant, and give access to responsive records unless a specific provision of Part 1 of the Act applies.
- s.30(1)(a) ATIA
- s.36.1(1) ATIA
- s.37(4) ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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