5820-03828 — Public Services and Procurement Canada
The complainant alleged that Public Services and Procurement Canada (PSPC) did not conduct a reasonable search for records related to a specific contract. The request concerned various documents, including feasibility reports, meeting minutes, and environmental assessments. The Information Commissioner found that some of the requested records, if they exist, were under PSPC's control, and that PSPC had failed to demonstrate a reasonable search. The Commissioner ordered PSPC to seek assistance from a third-party subcontractor to locate and obtain records, provide a new response to the complainant, and disclose any newly found records.
- Control of records held by a third-party subcontractor
- Reasonableness of the search conducted by the institution
- Definition of departmental matters under the ATIA
- Requirement to seek records from third parties
Complaint well founded — Disclosure ordered
The Commissioner found that the records, even if held by a subcontractor, were under the control of PSPC due to contractual obligations and the nature of the work. Furthermore, PSPC failed to demonstrate that it had conducted a reasonable search, as it did not make sufficient efforts to locate records or engage with the subcontractor, BGIS, to obtain responsive documents. The institution later confirmed it would comply with the order.
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The Commissioner ordered PSPC to inquire with and obtain records from the subcontractor BGIS, provide a new response to the complainant, and disclose any additional records located.
- s.30(1)(a) ATIA
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