Federal (Canada) privacy & access decisions

The complainant alleged that the Privy Council Office (PCO) failed to conduct a reasonable search for records related to "Ops 3" and "Ops 4" files under the Access to Information Act. Initially, PCO provided only two pages, which were a Records Retention and Disposal Authority form, not the requested operational records. The Office of the Information Commissioner (OIC) found that PCO's initial search was inadequate, particularly as no documents from specific Interdepartmental Committee on Security and Intelligence files, which were known to exist, were located. Following the OIC's intervention, PCO conducted a subsequent search and identified 251 additional responsive pages. The Commissioner concluded that the complaint was well founded because PCO did not conduct a reasonable search initially. PCO was ordered to complete the retrieval and processing of all responsive records and provide a supplementary response to the access request by December 22, 2024. PCO has committed to implementing this order.

• Whether the Privy Council Office conducted a reasonable search for records responsive to the access request

The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) failed to conduct a reasonable search for records from the Deputy Minister’s Office concerning the funding or fiscal management of the Assembly of First Nations between January 1, 2016, and April 1, 2019. The investigation revealed that CIRNAC's initial search was inadequate, as it did not task all relevant sectors despite internal recommendations and evidence suggesting the existence of more records. Specifically, the Policy and Strategic Direction (PSD) sector and the Audit and Evaluation sector were not initially tasked, even though the Deputy Minister's Office suggested their relevance. Furthermore, CIRNAC did not adequately explain why records from PSD prior to 2017 were inaccessible or why there was a paucity of records despite the Deputy Minister's known involvement in related discussions. The Commissioner concluded that CIRNAC did not conduct a reasonable search and ordered the institution to perform a new search and provide a revised response.

• Whether Crown-Indigenous Relations and Northern Affairs Canada conducted a reasonable search for records from the Deputy Minister’s Office relating to funding or fiscal management of the Assembly of First Nations from January 1, 2016 to April 1, 2019
• Whether all relevant sectors were tasked in the search
• Whether the inaccessibility of records prior to 2017 was adequately explained
• Whether the paucity of located records was reasonable given the Deputy Minister's involvement

The complainant alleged that the Canada Border Services Agency (CBSA) failed to conduct a reasonable search for records in response to an access request for emails, text messages, and briefing notes related to companies working on the ArriveCAN application. The complainant specifically questioned the absence of text messages in the records provided. The Office of the Information Commissioner (OIC) investigated CBSA's search efforts, including the program areas involved, search parameters, and policies regarding text message management. CBSA explained that text messages are often considered transitory, especially if followed by an email, and that employees are responsible for saving non-transitory messages to a corporate repository. The OIC found that the Offices of Primary Interest conducted searches in appropriate repositories and that it was reasonable to believe that relevant text messages either did not exist or were not considered relevant at the time of the request, in line with CBSA and Treasury Board Secretariat policies. Consequently, the Information Commissioner concluded that CBSA conducted a reasonable search.

• Whether the Canada Border Services Agency conducted a reasonable search for records
• Whether text messages related to the ArriveCAN application existed and should have been provided
• Whether CBSA's information management policies regarding text messages were appropriately applied

The complainant alleged that Health Canada failed to respond to an access request within the 30-day statutory period, as required by section 7 of the Access to Information Act. The request sought internal and external records related to a Regulatory Impact Analysis Statement for the Regulations Amending the Tobacco Products Regulations. Health Canada acknowledged that it had not responded by the deadline and was deemed to have refused access under subsection 10(3). The institution identified 20,250 pages of responsive records and indicated that extensive consultations with its Legal Services Unit, 10 other government departments, and 25-30 third parties would be required. Health Canada proposed a response date of July 17, 2030, citing the volume and complexity of records, and workload. The Commissioner found this proposed timeline unreasonable given the significant delay already incurred and the complainant's denied access rights. The Commissioner ordered Health Canada to provide a complete response by April 7, 2026, which the institution agreed to implement.

• Whether Health Canada responded to the access request within the 30-day period set out in section 7 of the Access to Information Act
• Whether Health Canada's proposed response date of July 17, 2030, was reasonable

The complainant alleged that National Defence (DND) improperly withheld information under subsection 19(1) (personal information) of the Access to Information Act and failed to conduct a reasonable search for records. The request sought records related to the funding of a medical residency training program. DND conceded that it had not properly applied subsection 19(1) in all instances and issued a supplementary disclosure, with the Commissioner finding the remaining withholdings appropriate. However, the Commissioner concluded that DND did not conduct a reasonable search initially, as additional records were found during the investigation, and some responsive records that should have existed were not retained. The Commissioner recommended DND ensure employees receive training and support on information management responsibilities. DND agreed to implement the recommendations and shared a plan for improving records management practices. The complaint was found to be well founded.

• Whether information was properly withheld under subsection 19(1) ATIA
• Whether the information met the requirements of subsection 19(1) ATIA
• Whether DND reasonably exercised its discretion under subsection 19(2) ATIA
• Whether DND conducted a reasonable search for records
• Whether DND failed to pursue inquiries to locate all responsive records

The complainant alleged that Environment and Climate Change Canada (ECCC) failed to respond to an access request within the extended timeframe, as required by subsection 9(1) of the Access to Information Act. The request sought records concerning meetings and lobbying efforts of Pathways Alliance Inc. between January 14, 2023, and May 4, 2023. ECCC received the request on May 4, 2023, and extended the response period by 120 days, setting a new deadline of October 10, 2023, which it failed to meet. The investigation revealed that delays were primarily due to two offices of primary interest (OPIs) taking over 10 months to retrieve responsive records. The Commissioner found this delay unacceptable and concluded that ECCC did not meet its obligations under the Act. The complaint was found to be well founded, and ECCC was ordered to provide a complete response by August 7, 2024, and was given recommendations to improve internal processes.

• Whether Environment and Climate Change Canada responded to the access request within the extended period under subsection 9(1) of the Access to Information Act
• Whether the delay in responding was attributable to a lack of responsiveness from Offices of Primary Interest (OPIs)