Canadian privacy & access decisions

The complainant alleged that the Canada Revenue Agency (CRA) failed to conduct a reasonable search for records in response to an access request for a 13-point list of specific record categories held by a named subject matter expert. The OIC investigation found that CRA's initial search was deficient, as evidence from the complainant indicated the likely existence of additional responsive records. Following the OIC's intervention, CRA conducted additional searches and confirmed that further responsive records existed. The Commissioner concluded that the complaint was well founded because the initial search was unreasonable. The Commissioner ordered CRA to complete the retrieval and processing of all responsive records and provide a supplementary response within 60 business days, granting access unless specific exemptions applied. CRA notified the Commissioner that it would implement the order.

• Whether Canada Revenue Agency conducted a reasonable search for records under s.30(1)(a) ATIA

The complainant alleged that Canada Post improperly withheld information under subsections 19(1) and 18.1(1), and paragraphs 21(1)(a) and 21(1)(b) of the Access to Information Act, and also failed to conduct a reasonable search for records related to changes in Iqaluit's mailing service. During the investigation, Canada Post disclosed some information previously withheld under these provisions and the complainant narrowed the focus to financial information withheld under subsection 18.1(1) and the reasonable search allegation. The Commissioner found that Canada Post failed to provide sufficient evidence to justify withholding information under subsection 18.1(1), particularly regarding whether it constituted a trade secret or fell under the general administration exception of subsection 18.1(2). Furthermore, Canada Post did not provide adequate representations to demonstrate that a reasonable search for records had been conducted. Consequently, the Commissioner ordered Canada Post to disclose the information on pages 175-182 and to conduct a new search for responsive records. Canada Post notified the Commissioner that it would implement the order.

• Whether s.19(1) personal information was properly withheld
• Whether s.18.1(1) trade secrets of Canada Post were properly withheld
• Whether s.18.1(1) confidential financial, commercial, scientific or technical information of Canada Post was properly withheld
• Whether s.21(1)(a) advice or recommendations were properly withheld
• Whether s.21(1)(b) accounts of consultations or deliberations were properly withheld
• Whether the information on pages 175-182 constitutes a trade secret under s.18.1(1)
• Whether the information on pages 175-182 constitutes financial, commercial, scientific or technical information under s.18.1(1)
• Whether the information on pages 175-182 relates to the general administration of Canada Post under s.18.1(2)
• Whether Canada Post conducted a reasonable search for records

The complainant alleged that the Canada Revenue Agency (CRA) failed to conduct a reasonable search for records in response to an access request for correspondence between a named subject matter expert and specific parties on 10 topics. The OIC investigation found that CRA's initial search was deficient, as the complainant provided evidence suggesting additional records should exist. Although CRA provided explanations for some missing records, the OIC concluded that the initial search was not reasonable. Consequently, CRA conducted a second search and confirmed the existence of further responsive records. The Commissioner ordered CRA to complete the retrieval and processing of all responsive records and provide a new response within 60 business days. The complaint was found to be well founded, and CRA agreed to implement the order.

• Whether Canada Revenue Agency conducted a reasonable search for records in response to the access request