Federal (Canada)Access to Information ActWell-founded

5823-02706, 5823-02707, 5823-02708, 5823-02710, 5823-02711, 5823-02712, 5823-02716, 5823-02717, 5823-02718, 5823-02720, 5823-02721, 5823-03994 and 5823-03998 — Canadian Heritage

Organization: Canadian HeritageComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Canadian Heritage (PCH) failed to conduct reasonable searches for records in response to thirteen access requests concerning lobbying communications from 2020 and 2021. While the Offices of Primary Interest (OPIs) that were tasked conducted adequate searches, the Information Commissioner found that PCH did not task all relevant OPIs that were likely to hold responsive records. Specifically, the Corporate Secretariat and the Digital and Creative Marketplace Frameworks OPI were not consistently tasked despite being identified as likely holders of records related to ministerial staff and specific employees, respectively. The Commissioner concluded that PCH did not conduct reasonable searches for records. Consequently, the Commissioner ordered PCH to task the appropriate OPIs, conduct new searches, and provide access to any additional responsive records.

Key issues
  1. 1Whether Canadian Heritage conducted reasonable searches for records in response to multiple access requests
  2. 2Whether all Offices of Primary Interest (OPIs) likely to hold relevant records were tasked with searching
Outcome breakdownFavours: Applicant / complainant
  • Adequacy of search: Search found unreasonable due to untasked OPIs
  • Further search: New searches ordered for untasked OPIs
  • Disclosure of records: Additional responsive records ordered disclosed
Outcome

Complaint well founded — disclosure ordered

Reasoning

Canadian Heritage failed to task all relevant Offices of Primary Interest (OPIs) that were likely to hold records responsive to the access requests, thereby not conducting a reasonable search.

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Decision notes
Recommended action / remedy

The Minister of Canadian Heritage is ordered to task the relevant Offices of Primary Interest (Corporate Secretariat and Digital and Creative Marketplace Frameworks), conduct new searches for records, give access to any additional responsive records, and provide new responses to the complainant for each access request.

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

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

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