Federal (Canada)Access to Information ActWell-founded

5824-04109 — 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 allegations concerning the ethics of an individual. The request sought all documents from April 1, 2024, to the present, respecting these allegations. Initially, PCO tasked several Offices of Primary Interest (OPIs), all of which provided nil responses, leading PCO to inform the complainant that no records were found. However, the Information Commissioner's investigation revealed that not all relevant OPIs were tasked. Upon further inquiry by the OIC, PCO additionally tasked its Communications and Consultations secretariat, which located 142 pages of responsive records. The Commissioner found that PCO had not conducted a reasonable search initially because not all responsible OPIs were tasked. The complaint was deemed well-founded, and PCO was ordered to complete the retrieval and processing of all responsive records and provide a supplementary response within 36 business days.

Key issues
  1. 1Whether the institution conducted a reasonable search for records under paragraph 30(1)(a) of the Act
Outcome breakdownFavours: Applicant / complainant
  • Adequacy of search: Initial search unreasonable
  • Complaint outcome: Well-founded
  • Remedy: Further search and processing ordered
Outcome

Complaint well founded — disclosure ordered

Reasoning

The Privy Council Office failed to conduct a reasonable search because not all relevant Offices of Primary Interest were initially tasked to search for responsive records. A subsequent search, prompted by the OIC's investigation, located 142 pages of records.

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Decision notes
Recommended action / remedy

The Clerk of the Privy Council Office is ordered to complete the retrieval of all responsive records, process the additional 142 pages located, and provide a supplementary response to the access request no later than 36 business days after the receipt of the Final Report, granting access unless a specific provision of Part 1 of the Act applies.

Statutes considered
  • paragraph 30(1)(a) of the Act
  • paragraph 35(2)(b) of the Act
  • section 43

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

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