Indigenous Services Canada (Re), 2026 OIC 30
The complainant alleged that Indigenous Services Canada (ISC) failed to conduct a reasonable search for records concerning a specific video posted on Facebook. During the investigation, it was found that ISC had initially excluded records interpreted as drafts, leading to the retrieval of 1,087 additional pages. The Information Commissioner found the original search unreasonable but concluded that ISC had since conducted a reasonable search. The Commissioner ordered ISC to process and respond to the additional records within 36 business days.
- Reasonableness of the search conducted by the institution
- Interpretation and application of exclusion criteria for records
Complaint well founded — disclosure ordered
The initial search was not reasonable because ISC inappropriately excluded records based on their interpretation of the request's exclusion criteria. However, after the investigation, ISC conducted additional searches and retrieved more records, leading to the conclusion that a reasonable search had now been completed. The Commissioner ordered the processing and release of these additional records.
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Indigenous Services Canada was ordered to process the additional records and provide a supplementary response to the access request within 36 business days.
- s.30(1)(a) ATIA
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