Federal (Canada)Access to Information ActWell-founded

Canadian Heritage (Re), 2026 OIC 44

Organization: Canadian HeritageComplainant: Anonymous applicant
Plain-language brief

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.

Key issues
  1. 1Whether Canadian Heritage conducted a reasonable search for records
  2. 2Whether the scope of the search was broad enough to capture all responsive records
  3. 3Whether s.19(1) personal information exemption was properly applied
Outcome breakdownFavours: Applicant / complainant
  • Adequacy of search: Search found unreasonable; new search ordered
  • s.19 personal information: Allegation withdrawn
Outcome

Complaint well founded — new search and response ordered

Reasoning

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.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Recommended action / remedy

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.

Statutes considered
  • 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.

Pro · AI

Decisions with similar reasoning and facts — found by AI across statutes and jurisdictions, not just keywords.

Pro
Coverage — 13 of 14 jurisdictions searchable

Fully searchable: Ontario, British Columbia, Alberta, Saskatchewan, Newfoundland and Labrador, Northwest Territories, New Brunswick, Manitoba.

Partial (recent decisions only): Federal (Canada) (651 of 1,631), Nova Scotia (49 of 472), Quebec (6 of 7,090), Prince Edward Island (2 of 279), Yukon (1 of 75).

Coming soon: Nunavut — being re-processed for AI search.

Find decisions like this one — by meaning, not keywords.

Related by meaning is a Pro feature. Upgrade to surface conceptually similar decisions across the corpus, powered by AI.

Upgrade to Pro