5822-00543 — Canada Revenue Agency
The complainant alleged that the Canada Revenue Agency (CRA) failed to conduct a reasonable search for records in response to an access request for correspondence between a named subject matter expert and specific parties on 10 topics. The OIC investigation found that CRA's initial search was deficient, as the complainant provided evidence suggesting additional records should exist. Although CRA provided explanations for some missing records, the OIC concluded that the initial search was not reasonable. Consequently, CRA conducted a second search and confirmed the existence of further responsive records. The Commissioner ordered CRA to complete the retrieval and processing of all responsive records and provide a new response within 60 business days. The complaint was found to be well founded, and CRA agreed to implement the order.
- 1Whether Canada Revenue Agency conducted a reasonable search for records in response to the access request
- Adequacy of search: Initial search found deficient
- Further search: Further search ordered
- Complaint outcome: Complaint well founded
- Compliance with order: Institution agreed to implement order
Complaint well founded — disclosure ordered
The Canada Revenue Agency's initial search for records was found to be deficient, as the complainant provided evidence indicating the likely existence of additional responsive records. Although CRA offered explanations for some missing records, the OIC determined that these did not fully account for the gaps, leading to the conclusion that the initial search was not reasonable. CRA subsequently confirmed the existence of further records.
The Minister of National Revenue is ordered to complete the retrieval and processing of all records responsive to the request, provide a supplementary response within 60 business days, and give access to responsive records unless a specific provision of Part 1 of the Act applies.
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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