Federal (Canada)Access to Information ActWell-founded

5822-03285 — Public Health Agency of Canada

Organization: Public Health Agency of CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that the Public Health Agency of Canada (PHAC) failed to conduct a reasonable search for records related to the fee schedule or dispersal of payments to provinces and territories under the Budget Implementation Act, 2021. During the investigation, the OIC requested information from PHAC regarding its search parameters and program areas involved. In response, PHAC re-tasked its program areas, which led to the retrieval of approximately 104 additional responsive pages. Although PHAC initially failed to conduct a reasonable search, the subsequent efforts satisfied the Commissioner that a reasonable search had ultimately been performed. The Commissioner ordered PHAC to complete the retrieval and processing of these newly identified records and issue a new response to the complainant within 60 days. PHAC agreed to implement the order.

Key issues
  1. 1Whether the institution conducted a reasonable search for records
Outcome breakdownFavours: Applicant / complainant
  • Adequacy of search: Initial search unreasonable, subsequent search reasonable
  • Disclosure of records: Additional records ordered disclosed
  • Compliance with order: Institution agreed to implement order
Outcome

Complaint well founded — disclosure ordered

Reasoning

PHAC initially failed to conduct a reasonable search, as evidenced by the discovery of 104 additional responsive pages after the OIC intervened and requested further search efforts. However, the subsequent re-tasking of program areas and retrieval of records satisfied the Commissioner that a reasonable search had ultimately been conducted.

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Decision notes
Recommended action / remedy

The Information Commissioner ordered the President of PHAC to complete the retrieval and processing of the identified responsive records and provide a new response to the complainant within 60 days, granting access unless a specific provision of Part 1 of the Act applies.

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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