5824-02937 — Privy Council Office
The complainant alleged that the Privy Council Office (PCO) failed to conduct a reasonable search for records related to the management of the government's parliamentary agenda. Initially, PCO's Offices of Primary Interest (OPIs) provided nil responses, leading PCO to inform the complainant that no relevant records were found. However, the complainant provided detailed reasons why records should exist, prompting the OIC to request further representations from PCO. During the OIC's investigation, PCO conducted additional searches, which located 26 pages of relevant records that were not found in the initial search because they were stored in a PCO-ATIP library rather than directly by the OPI. The Commissioner found that PCO had not conducted a reasonable search initially. Consequently, the complaint was deemed well-founded, and PCO was ordered to process and release the newly found records.
- 1Whether the institution conducted a reasonable search for records under s.30(1)(a) ATIA
- Adequacy of search: Initial search unreasonable
- Complaint status: Complaint well-founded
- Disclosure of records: Records ordered disclosed
Complaint well founded — disclosure ordered
The initial search by PCO was not reasonable as it failed to locate 26 pages of relevant records that were subsequently found during the OIC's investigation. The records were not retrieved initially because they were housed in a central PCO-ATIP library rather than directly by the tasked OPI.
The Clerk of the Privy Council is ordered to complete the retrieval of all responsive records, process the additional 26 pages located, and provide a supplementary response to the access request within 36 business days, granting access unless a specific provision 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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