Federal (Canada)Access to Information ActWell-founded

5820-03810 — 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 IAC reports concerning the USSR and former Warsaw Pact and Yugoslavia from 1990. Initially, PCO provided only minutes, leading to the complaint. During the investigation, PCO conducted an additional search, releasing 1,352 pages, but the complainant maintained that several specific reports were still missing. The OIC was not satisfied with the initial search efforts and requested further representations from PCO. PCO subsequently identified that some of the missing reports had been previously withheld in their entirety, some were not in their holdings, and 100 additional pages covering other requested documents were located. The Commissioner found that PCO had now conducted a reasonable search and ordered PCO to process and release the newly identified records by January 22, 2026. PCO agreed to implement the order.

Key issues
  1. 1Whether the institution conducted a reasonable search for records responsive to the access request
Outcome breakdownFavours: Both, in part
  • Adequacy of search: Search found reasonable after further efforts
  • Disclosure of records: Newly identified records ordered disclosed
  • Compliance with order: Institution agreed to implement order
Outcome

Complaint well founded — disclosure ordered

Reasoning

The Privy Council Office initially failed to conduct a reasonable search, as evidenced by the complainant's identification of missing records and the subsequent discovery of additional responsive pages during the OIC's investigation. Although PCO eventually located more records, its initial efforts were insufficient.

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Decision notes
Recommended action / remedy

The Commissioner ordered the Privy Council Office to complete the retrieval of all responsive records, process all additional pages located, and provide a supplementary response to the access request by January 22, 2026, granting access to responsive records unless a specific provision of the Act applies.

Statutes considered
  • s.30(1)(a) ATIA

This summary is for informational purposes only and does not constitute legal advice.

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