Federal (Canada)Access to Information ActWell-founded

5819-03858 — Privy Council Office and Royal Canadian Mounted Police and Canadian Nuclear Safety Commission and Global Affairs Canada and Canadian Security Intelligence Service and Communications Security Establishment and Department of National Defence

Organization: Privy Council OfficeComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that the Privy Council Office (PCO) failed to conduct a reasonable search for records related to "Ops 3" and "Ops 4" files under the Access to Information Act. Initially, PCO provided only two pages, which were a Records Retention and Disposal Authority form, not the requested operational records. The Office of the Information Commissioner (OIC) found that PCO's initial search was inadequate, particularly as no documents from specific Interdepartmental Committee on Security and Intelligence files, which were known to exist, were located. Following the OIC's intervention, PCO conducted a subsequent search and identified 251 additional responsive pages. The Commissioner concluded that the complaint was well founded because PCO did not conduct a reasonable search initially. PCO was ordered to complete the retrieval and processing of all responsive records and provide a supplementary response to the access request by December 22, 2024. PCO has committed to implementing this order.

Key issues
  1. 1Whether the Privy Council Office conducted a reasonable search for records responsive to the access request
Outcome breakdownFavours: Applicant / complainant
  • Adequacy of search: Initial search inadequate
  • Further search: Further search ordered
  • Disclosure of records: Records ordered disclosed
  • Complaint outcome: Complaint well founded
Outcome

Complaint well founded — disclosure ordered

Reasoning

The Privy Council Office's initial search failed to locate relevant records, including those from specific files known to exist, and only provided a records retention form. A subsequent search, prompted by the OIC, identified 251 additional responsive pages, demonstrating the initial search was not reasonable.

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Decision notes
Recommended action / remedy

The Commissioner ordered the Privy Council Office to complete the retrieval and processing of all responsive records and provide a supplementary response to the access request by December 22, 2024.

Statutes considered
  • s.30(1)(a) ATIA

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

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