
Canadian Heritage (Re), 2026 OIC 40
The complainant alleged that Canadian Heritage failed to conduct a reasonable search for records and improperly claimed that some records did not exist in response to an access request for communications between Canadian Olympic Committee staff and Sport Canada staff related to weightlifting. The investigation found that the institution's search scope was too narrow, as it only used one athlete's name for keywords and did not adequately explain why certain repositories like Outlook were not searched. Furthermore, the OIC identified specific responsive records that were not provided by Canadian Heritage. The Commissioner concluded that Canadian Heritage did not conduct a reasonable search and that additional records likely exist. The complaint was found to be well founded, and Canadian Heritage was ordered to conduct a new search and provide a new response.
- 1Whether Canadian Heritage conducted a reasonable search for records
- 2Whether Canadian Heritage improperly responded that some or all requested records do not exist
- Adequacy of search: Search found to be unreasonable
- Existence of records: Additional records likely exist
- Complaint outcome: Complaint well founded
- Remedy: New search and response ordered
Complaint well founded — new search and response ordered
The institution's search was deemed unreasonable due to a narrow keyword search, insufficient explanation for repository choices, and the OIC's identification of responsive records that were not initially provided.
The Minister of Canadian Heritage was ordered to conduct a new search for records, provide a new response to the complainant within 36 business days, and give access to any additional records unless an exemption applies.
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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