Federal (Canada)Access to Information ActWell-founded

Canadian Heritage (Re), 2026 OIC 49

Organization: Canadian HeritageComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Canadian Heritage failed to conduct a reasonable search for records in response to an access request for weightlifting-related communication records from two specific Sport Canada employees. Initially, the complaint also included allegations of improper withholding under s.19(1) and s.20(1)(b), but these were later withdrawn by the complainant, narrowing the investigation to the reasonable search aspect. Canadian Heritage released five pages of records but did not provide sufficient representations to the OIC regarding the keywords used, the search for call logs and text messages, or the timing of decisions on appeals. The Commissioner found that the institution's search was likely not broad enough and that it failed to demonstrate the reasonableness of its search efforts. Consequently, the complaint was found to be well founded, and Canadian Heritage was ordered to conduct a new search and provide a new response.

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 Canadian Heritage provided sufficient representations to explain its search methodology
Outcome breakdownFavours: Applicant / complainant
  • Adequacy of search: Search found unreasonable; new search ordered
  • Complaint status: Complaint well-founded
Outcome

Complaint well founded — new search and response ordered

Reasoning

Canadian Heritage failed to provide adequate representations to the OIC regarding the reasonableness of its search for records, including details on keywords used, search for specific communication types (call logs, text messages), and the timing of decisions. This lack of explanation led the Commissioner to conclude that the search was not reasonable.

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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, give access to any additional records found (unless a specific provision of the Act applies), and if no additional records are found, explain how and where the search was conducted.

Statutes considered
  • s.19(1) ATIA
  • s.20(1)(b) ATIA
  • s.30(1)(a) ATIA
  • s.35(2)(b) ATIA
  • s.37(1)(c) ATIA
  • s.43 ATIA

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

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