Canadian 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 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 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