5823-01046 — Indigenous Services Canada
The complainant alleged that Indigenous Services Canada (ISC) failed to conduct a reasonable search for records related to the Non-Insured Health Benefits Mental Health Counselling benefit. Specifically, the request sought information on a "detailed review" of service delivery, proposals for community mental wellness projects, and a "risk-based review" for financial controls, all referenced in an ISC briefing note. ISC initially claimed the "detailed review" was verbal and found no records for parts 2 and 3 of the request. The Office of the Information Commissioner (OIC) found this response unreasonable, noting that the reference in an official briefing note implied the existence of responsive documentation. Following the OIC's intervention, ISC conducted additional searches, which yielded at least 170 pages of previously unlocated documents. The Commissioner concluded that ISC had not conducted a reasonable search and ordered the institution to complete the retrieval and processing of all responsive records and issue a new response to the complainant. ISC agreed to implement the order.
- 1Whether Indigenous Services Canada conducted a reasonable search for records related to the "detailed review" of Non-Insured Health Benefits Mental Health Counselling benefit service delivery
- 2Whether Indigenous Services Canada conducted a reasonable search for records related to proposals to fund community mental wellness projects outside of Benefits Program authorities
- 3Whether Indigenous Services Canada conducted a reasonable search for records related to the "risk-based review to improve financial controls and management practices across all regions" for the mental health benefit
- Adequacy of search: Search found unreasonable
- Further search ordered: Additional search ordered
- Processing of records: Processing of records ordered
- New response: New response to complainant ordered
Complaint well founded — disclosure ordered
Indigenous Services Canada's initial search was deemed unreasonable because it failed to locate records for specific items referenced in its own briefing note, and its claim that a 'detailed review' was conducted verbally was not credible given the context. Subsequent searches, prompted by the OIC, located additional responsive documents, confirming the inadequacy of the initial search.
The Minister of Indigenous Services Canada was ordered to complete the retrieval of all responsive records, process all additional pages located, and provide a new response to the access request within 36 business days of the order's effective date, granting access to responsive records unless a specific provision of the Act applies.
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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