5823-01046 — Indigenous Services Canada
The complainant alleged that Indigenous Services Canada (ISC) did not conduct a reasonable search for records related to the Non-Insured Health Benefits Mental Health Counselling benefit, including a "detailed review" and related proposals and reviews. ISC initially claimed the "detailed review" was verbal and no records existed. However, further investigation revealed ISC had not conducted an adequate search, and a subsequent search located at least 170 pages of responsive documents. The Information Commissioner found the complaint well-founded and ordered ISC to complete the retrieval and processing of all responsive records and provide a new response to the complainant.
- Reasonableness of the search conducted by the institution
- Existence of records for "detailed review" mentioned in an internal briefing note
- Scope and completeness of the search efforts
Complaint well founded — disclosure ordered
The initial search by Indigenous Services Canada was not reasonable, as evidenced by their initial assertion that a "detailed review" mentioned in an internal document was purely verbal and produced no records. Subsequent efforts, prompted by the OIC's investigation, located a significant number of responsive documents, indicating the initial search was inadequate.
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Indigenous Services Canada was ordered to complete the retrieval and processing of all responsive records and provide a new response to the complainant.
- s.30(1)(a) ATIA
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