Federal (Canada)Access to Information ActWell-founded

Canada Border Services Agency (Re), 2026 OIC 46

Organization: Canada Border Services AgencyComplainant: Anonymous applicant
Plain-language brief

The Information Commissioner initiated a systemic investigation into the Canada Border Services Agency's (CBSA) handling of access to information requests related to the ArriveCAN application. The investigation focused on the completeness and timeliness of responses. While allegations of permanent destruction of emails were not substantiated, the investigation revealed that the ArriveCAN project team used the communication platform Slack, which was permanently deleted in May 2023 without consultation with the ATIP unit or content review. This led to a finding that the CBSA failed to conduct reasonable searches for six ArriveCAN-related access requests, as Slack was not searched despite likely containing responsive records. The investigation also identified broader weaknesses in information management, including the use of non-government email accounts and insufficient governance over third-party tools. Although the CBSA failed to meet legislated timelines for some ArriveCAN requests, no unique timeliness concerns specific to the initiative were identified. The complaint was found to be well-founded, and the CBSA accepted the Commissioner's recommendations for corrective measures.

Key issues
  1. 1Whether the Canada Border Services Agency conducted reasonable searches for records related to ArriveCAN access requests
  2. 2Whether the deletion of the ArriveCAN Slack workspace impacted the completeness of responses to access requests
  3. 3Whether the Canada Border Services Agency's information management practices were adequate for access to information purposes
  4. 4Whether the Canada Border Services Agency responded to ArriveCAN-related access requests within legislated timelines
Outcome breakdownFavours: Applicant / complainant
  • Completeness of search: Failed to conduct reasonable searches for six requests
  • Record destruction: Permanent deletion of Slack communications without consultation
  • Information management practices: Weaknesses identified in IM governance and use of non-government tools
  • Timeliness of responses: Failed to meet legislated timelines for some requests
  • Complaint outcome: Complaint found to be well-founded
  • Recommendations: Recommendations accepted by institution
Outcome

Complaint well founded — recommendations accepted

Reasoning

The complaint was well-founded because the CBSA failed to conduct reasonable searches for records by not searching the ArriveCAN Slack workspace, which was permanently deleted without proper review, despite the likelihood of it containing responsive records. This indicated a failure in information management practices impacting the completeness of responses.

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Decision notes
Recommended action / remedy

The Commissioner made several recommendations, which the CBSA accepted, committing to implement corrective measures including new governance policies, enhanced training, and improved information management controls.

Statutes considered
  • s.30(1)(f) ATIA
  • s.30(3) ATIA

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

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