Department of Justice Canada (Re), 2023 OIC 29

The complainant alleged that the Department of Justice Canada (Justice) failed to conduct a reasonable search for a 2009 workplace report prepared by a consultant. Justice tasked its Ontario Regional Office and the Deputy Minister’s Office, both of which reported no responsive records, citing a five-year retention period for such documents, which had expired seven years prior to the request. The OIC investigated whether Justice was required to contact the consultant directly to fulfill the request. Justice maintained that it was not reasonable to expect them to task the consultant, as the business need for the report was time-limited, copies should no longer be with the contractor, and the matter was no longer active. The OIC concluded that Justice conducted a reasonable search based on its internal efforts and retention policies. The complaint was therefore deemed not well founded.