Federal (Canada)Access to Information ActWell-founded

5823-04210 — Canada Border Services Agency

Organization: Canada Border Services AgencyComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that the Canada Border Services Agency (CBSA) failed to conduct a reasonable search for Microsoft Teams messages related to ArriveCAN. The CBSA initially informed the complainant that no such records existed, citing a 30-day retention period for MS Teams messages. However, the OIC's investigation revealed that an administrative error prevented the request from being promptly entered into CBSA's case management system, causing a significant delay in processing. This delay meant that by the time the request was actioned, the MS Teams messages would have been automatically deleted. Despite this, CBSA policy required business-related information from MS Teams to be saved to corporate repositories. During the investigation, CBSA searched these repositories and located one responsive record, which was subsequently provided to the complainant. The Commissioner found that the CBSA did not conduct a reasonable search initially due to the processing delays and failure to task program areas, but acknowledged that a reasonable search was eventually completed during the investigation.

Key issues
  1. 1Whether the institution conducted a reasonable search for records
  2. 2Whether the administrative error in processing the request impacted the search for records
  3. 3Whether the institution's MS Teams retention policy and corporate repository policy were followed
Outcome breakdownFavours: Both, in part
  • Adequacy of initial search: Search found unreasonable due to processing delays
  • Adequacy of search during investigation: Search found reasonable
  • Disclosure of records: One record disclosed
Outcome

Complaint well founded — no order required as records were disclosed during investigation

Reasoning

The CBSA's administrative error in processing the request led to a significant delay, preventing a timely search for records and resulting in the automatic deletion of potentially responsive MS Teams messages. This constituted an unreasonable search. However, a reasonable search was subsequently conducted during the OIC's investigation, leading to the disclosure of a relevant record.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Recommended action / remedy

No order was required as the Canada Border Services Agency conducted a reasonable search during the investigation and disclosed the only record responsive to the 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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