5822-07577 — Fisheries and Oceans Canada
The complainant alleged that Fisheries and Oceans Canada (DFO) failed to conduct a reasonable search for records related to the Old Fort Band, Fort Babine Band, and Lake Babine Nation in British Columbia between 1871 and 1960. During the investigation, the Office of the Information Commissioner (OIC) requested additional information from DFO regarding its search parameters and program areas tasked. In response, DFO conducted a second search, including an additional program area not originally tasked, which resulted in the retrieval of approximately 7000 additional responsive pages. The OIC concluded that DFO's initial search was not reasonable, but the subsequent search satisfied the requirement for a reasonable search. The Information Commissioner ordered DFO to complete the retrieval of the identified records and provide a new response to the complainant within 60 days. DFO agreed to implement the order.
- 1Whether Fisheries and Oceans Canada conducted a reasonable search for records
- Adequacy of initial search: Initial search found unreasonable
- Adequacy of subsequent search: Subsequent search found reasonable
- Disclosure of records: DFO ordered to complete retrieval and respond
- Compliance with order: DFO agreed to implement order
Complaint well founded — disclosure ordered
DFO's initial search was deemed unreasonable as it failed to task all relevant program areas, leading to a significant number of responsive records being missed. The subsequent search, conducted during the OIC's investigation, rectified this by including additional program areas and retrieving approximately 7000 additional pages, thereby satisfying the reasonable search requirement.
The Information Commissioner ordered Fisheries and Oceans Canada to complete the retrieval of the identified responsive records and provide a new response to the complainant within 60 business days, granting access to the records unless a specific provision of Part 1 of the Act applies.
- 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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