
5824-02892 — Privy Council Office
The complainant alleged that the Privy Council Office's (PCO) record-keeping practices for appointment processes did not comply with the Access to Information Act (ATIA), specifically regarding the disposal of interview notes. PCO stated that selection members take notes during interviews to aid deliberations, but these are considered transitory records and are disposed of after the final advice letter to the Minister is prepared, which constitutes the official record. The complainant also suggested PCO's practices might constitute an offense under the ATIA. The investigation found no evidence that records were destroyed with the intent to deny a right of access. Instead, the interview notes were deemed transitory records used in preparing advice letters. The Commissioner concluded that there was no obligation under the ATIA for PCO to retain these notes, nor did their destruction violate the Act. The complaint was therefore not well founded.
- 1Whether PCO's record-keeping practices for appointment processes comply with the ATIA
- 2Whether interview notes taken by selection members are transitory records
- 3Whether there was an obligation under the ATIA for PCO to retain interview notes
- 4Whether the destruction of interview notes constituted an offense under s.67.1 of the ATIA (destruction with intent to deny access)
- Record-keeping practices: Practices found compliant with ATIA
- Disposal of interview notes: Disposal found not to violate ATIA
- Intent to deny access: No evidence of intent to deny access
- Obligation to retain notes: No obligation to retain notes found
- Complaint outcome: Complaint not well founded
Complaint not well founded
The Commissioner found no evidence that records were destroyed with the intent to deny a right of access. The interview notes were considered transitory records, and the ATIA does not govern the creation or retention of records, which falls under the Library and Archives of Canada Act and Treasury Board policies. Therefore, PCO was not obligated to retain the notes under the ATIA.
- s.30(1)(f) ATIA
- s.67.1 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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