
Canadian Heritage (Re), 2026 OIC 44
The complainant alleged that Canadian Heritage failed to conduct a reasonable search for records and improperly withheld personal information under subsection 19(1) of the Access to Information Act. The request sought records related to weightlifting in 2023 and 2024, specifically confirmation letters, athlete rationale forms, and appeals. During the investigation, the complainant withdrew the allegation regarding subsection 19(1). The investigation found that Canadian Heritage's search was too narrow, as it only used one athlete's name despite the request not being limited to a specific individual. While the institution provided explanations for the non-existence of some specific records, the Commissioner concluded that the overall search was not reasonable and additional records might exist. The Information Commissioner ordered Canadian Heritage to conduct a new, broader search and provide a new response to the complainant.
- 1Whether Canadian Heritage conducted a reasonable search for records
- 2Whether the scope of the search was broad enough to capture all responsive records
- 3Whether s.19(1) personal information exemption was properly applied
- Adequacy of search: Search found unreasonable; new search ordered
- s.19 personal information: Allegation withdrawn
Complaint well founded — new search and response ordered
The institution's search was deemed unreasonable because it was improperly narrowed to a single athlete's name, despite the request not having such a limitation, suggesting that additional responsive records could exist.
The Minister of Canadian Heritage is 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 found, unless a specific provision of the Act applies.
- s.30(1)(a) ATIA
- s.35(2)(b) ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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