BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5822-07577 — Fisheries and Oceans Canada
Office of the Information Commissioner of CanadaAccess to Information Act5822-07577Well-founded
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5822-07577 — Fisheries and Oceans Canada

Organization: Fisheries and Oceans Canada
Decision: Nov 9, 2023Published: Nov 9, 2023

The complainant alleged that Fisheries and Oceans Canada (DFO) did not conduct a reasonable search for records related to specific First Nations in British Columbia between 1871 and 1960. During the OIC investigation, DFO conducted a second search and retrieved approximately 7000 additional pages of responsive records. The Information Commissioner found the initial search to be unreasonable but was satisfied after the second search.

  • Reasonable search
  • Scope of the request

Complaint well founded — Order to disclose

The OIC determined that DFO's initial search was not reasonable. However, after DFO conducted a second search that retrieved a significant volume of additional responsive records, the OIC was satisfied that a reasonable search had been conducted and ordered DFO to process and disclose the identified records.

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Recommended action / remedy

DFO was ordered to provide a new response to the complainant, including access to the responsive records, within 60 business days.

Statutory provisions cited
  • s.30(1)(a) ATIA
  • s.36.1 ATIA

This decision is for informational purposes only and does not constitute legal advice.