Canadian privacy & access decisions

The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) failed to respond to an access request within the 30-day statutory period. The request sought specific documents related to a briefing note on litigation, some of which had been previously released. The investigation confirmed that CIRNAC did not respond by the deadline, leading to a deemed refusal of access under subsection 10(3) of the Act. The Information Commissioner found the delay by the Resolution & Partnerships unit in retrieving records, despite multiple follow-ups from the ATIP office, to be unacceptable. The Commissioner ordered CIRNAC to complete record retrieval and provide a full response within 36 business days. Additionally, the Commissioner recommended that CIRNAC develop proper processes and performance indicators to ensure timely record provision by its Offices of Primary Interest. CIRNAC agreed to implement the order but did not commit to the recommendations. The complaint was found to be well founded.

• Whether the institution responded to the access request within the 30-day period set out in section 7 of the Access to Information Act
• Whether the institution is deemed to have refused access to the requested records under subsection 10(3) of the Act
• Whether the delay by the Office of Primary Interest (Resolution & Partnerships unit) in retrieving records was acceptable

The complainant alleged that Library and Archives Canada (LAC) failed to respond to an access request within the extended time limit, constituting a deemed refusal under the Access to Information Act. The request sought historical records related to the Canadian Intelligence Program and the Joint Intelligence Organization. The investigation confirmed that LAC did not respond by the extended deadline of February 13, 2020, for a request received in July 2019. Despite the records comprising 135 pages and a consultation with Global Affairs Canada being completed, LAC had not finalized processing the request almost five years later. The Information Commissioner found the delay unacceptable and ordered LAC to provide a complete response within 36 business days. However, LAC notified the Commissioner that it would not implement the order due to workload prioritization, stating the records required careful review and further consultation.

• Whether Library and Archives Canada responded to the access request within the extended time limit under subsection 9(1) of the Access to Information Act
• Whether Library and Archives Canada is deemed to have refused access under subsection 10(3) of the Act due to delay

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