Canadian privacy & access decisions

The complainant alleged that Public Services and Procurement Canada (PSPC) failed to conduct a reasonable search for records related to a Designated Substances Report for the Health Protection Building. PSPC provided some records but withheld others, claiming they were not under its control as they were held by a subcontractor, BGIS. The Information Commissioner investigated whether the records were under PSPC's control and whether a reasonable search was conducted. The Commissioner found that despite not having physical possession, the records were under PSPC's control due to the contractual relationship with BGIS, which included a legally enforceable right to obtain such documents. Consequently, the Commissioner concluded that PSPC had not conducted a reasonable search for these controlled records. The complaint was found to be well founded, and PSPC was ordered to retrieve and process the records. However, PSPC notified the Commissioner that it would not implement the order.

• Whether records not in physical possession of the institution are 'under the control' of the institution for the purposes of the Access to Information Act
• Whether the contents of the record relate to an institutional matter
• Whether the institution could reasonably expect to obtain a copy of the record upon request
• Whether the legal relationship between the institution and the record holder indicates control
• Whether the institution conducted a reasonable search for records under its control