Federal (Canada)Access to Information ActWell-founded

5820-03812 — Privy Council Office

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 the creation of the Intelligence Coordinator position between September 1984 and February 1985, specifically mentioning a 'Memorandum for the Intelligence Coordinator' dated November 27, 1984. Initially, PCO did not provide documentation of its search efforts, leading the OIC to conclude that a reasonable search had not been demonstrated. Following the OIC's intervention, PCO conducted secondary searches, identifying 187 additional pages of responsive records. PCO committed to reviewing these records and providing a supplementary response to the access request. The Information Commissioner found the complaint to be well-founded and ordered PCO to complete the retrieval and processing of all responsive records and issue a supplementary response by December 10, 2024. PCO subsequently notified the Commissioner that it would implement the order.

Key issues
  1. 1Whether the institution conducted a reasonable search for records responsive to the access request
Outcome breakdownFavours: Applicant / complainant
  • Reasonable search: Initial search inadequate
  • Further search: Additional records found after intervention
  • Processing of records: Ordered to complete processing and response
  • Compliance with order: Institution agreed to implement order
Outcome

Complaint well founded — disclosure ordered

Reasoning

The Privy Council Office initially failed to demonstrate that it conducted a reasonable search for records. After the OIC's intervention, PCO conducted further searches which yielded 187 additional responsive pages, confirming the initial search was inadequate.

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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 10, 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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