5822-01900 — 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 a 13-point list of specific record categories held by a named subject matter expert. The OIC investigation found that CRA's initial search was deficient, as evidence from the complainant indicated the likely existence of additional responsive records. Following the OIC's intervention, CRA conducted additional searches and confirmed that further responsive records existed. The Commissioner concluded that the complaint was well founded because the initial search was unreasonable. The Commissioner ordered CRA to complete the retrieval and processing of all responsive records and provide a supplementary response within 60 business days, granting access unless specific exemptions applied. CRA notified the Commissioner that it would implement the order.
- 1Whether Canada Revenue Agency conducted a reasonable search for records under s.30(1)(a) ATIA
- Adequacy of search: Initial search found unreasonable
- Further search: Further search ordered
- Disclosure of records: Records ordered disclosed (subject to exemptions)
- Complaint outcome: Complaint well founded
- Order implementation: Institution agreed to implement order
Complaint well founded — disclosure ordered
The Canada Revenue Agency's initial search for records was found to be unreasonable, as the complainant provided evidence suggesting the existence of additional responsive records that were not initially located. Although CRA conducted additional searches during the investigation and located further records, the initial failure to conduct a reasonable search rendered the complaint well founded.
The Minister of National Revenue is ordered to complete the retrieval and processing of all responsive records, provide a supplementary response to the request no later than 60 business days after the final report, and give access to responsive records unless a specific provision of Part 1 of the Act allows for refusal.
- s.30(1)(a) ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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