Canadian Heritage (Re), 2026 OIC 49

Date: 2026-06-17
OIC file number: 5825-02606
Access request number: A-2025-00113

Summary

The complainant alleged that Canadian Heritage did not conduct a reasonable search for records in response to an access request under the Access to Information Act. The complainant also alleged that Canadian Heritage improperly withheld information under subsection 19(1) (personal information) and paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information). The access request was for weightlifting-related communication records, including but not limited to appeals and review, dated between January 18, 2024, and January 26, 2024, from the records of two specific Sport Canada employees.

During the investigation, the complainant decided it was no longer necessary for the Office of the Information Commissioner (OIC) to investigate information withheld under subsection 19(1) and paragraph 20(1)(b) and decided it was only necessary to investigate the reasonable search.

The investigation revealed that the scope of the search was likely not broad enough to capture all the responsive records, and Canadian Heritage failed to provide sufficient representations to explain why its search was reasonable.

The Information Commissioner ordered the Minister of Canadian Heritage to conduct a new search and provide a new response to the complainant no later than 36 business days after the date of the final report.

Canadian Heritage did not give notice to the Commissioner whether it would be implementing the order.

The complaint is well founded.

Complaint

[1]The complainant alleged that Canadian Heritage did not conduct a reasonable search for records in response to an access request under the Access to Information Act.

[2]The complainant also alleged that Canadian Heritage improperly withheld information under subsection 19(1) (personal information) and paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information).

[3]Both allegations fall under paragraph 30(1)(a) of the Act.

[4]The access request was for weightlifting-related communication records, including but not limited to appeals and review, dated between January 18, 2024, and January 26, 2024, from the records of two specific Sport Canada employees.

[5]During the investigation, the complainant decided it was no longer necessary for the Office of the Information Commissioner (OIC) to investigate information withheld under subsection 19(1) and paragraph 20(1)(b) and decided it was only necessary to investigate the reasonable search.

Investigation

Reasonable Search

[6]Canadian Heritage was required to conduct a reasonable search for records that fall within the scope of the access request—that is, one or more experienced employees, knowledgeable in the subject matter of the request, must have made reasonable efforts to identify and locate all records reasonably related to the request.

[7]A reasonable search involves a level of effort that would be expected of any fair, sensible person tasked with searching for responsive records where they are likely to be stored.

[8]This search does not have to be perfect. An institution is therefore not required to prove with absolute certainty that further records do not exist. Institutions must however be able to show that they took reasonable steps to identify and locate responsive records.

Did the institution conduct a reasonable search for records?

[9]Canadian Heritage released five pages of records in response to the access request, consisting of review meeting notes, a list of recommended competitions, and a competition attendance record for one athlete.

[10]The request, however, also sought emails, attachments, call logs, text messages, and Teams messages.

[11]The OIC sought representations from Canadian Heritage on the following points:

• How the keywords used to locate records were broad enough to likely capture all the responsive records;
• Whether any call logs and text messages were searched;
• The retention and disposition schedules that would apply to call logs and text messages;
• The timing of when decisions were made about appeals; and
• Whether any records responsive to other similar requests were also deemed relevant to this request.

[12]Canadian Heritage did not provide representations in response to the OIC request for representations under paragraph 35(2)(b) on its search for records.

[13]While Canadian Heritage indicated that some additional records might be provided to the complainant through other similar requests, the complainant indicated that they ultimately did not receive other records that would be responsive to this request.

[14]Since Canadian Heritage has not provided further representations about the reasonableness of the search conducted, I must conclude that Canadian Heritage did not conduct a reasonable search for records.

Outcome

[15]The complaint is well founded.

Orders

I order the Minister of Canadian Heritage to:

1. Conduct a new search for records that respond to the access request;
2. Provide a new response to the complainant once the search is complete, no later than 36 business days after the date of the final report;
3. Give access to any additional records, unless access to them, or to part of them, may be refused under a specific provision(s) of Part 1 of Act. When this is the case, name the provision(s); and
4. If no additional responsive records are located during the search, indicate in the response how and where the search was conducted and why no such records were identified.

Initial report and notice from institution

On May 13, 2026, I issued my initial report to the Minister of Canadian Heritage setting out my orders.

The Minister did not give me the notice I require under paragraph 37(1)(c) of the actions he took or proposes to take to implement my orders or the reasons why he would not be implementing my orders.

I remind the Minister that, if he does not intend to fully implement my orders, he must apply to the Federal Court for a review by the deadline set out below.

Review by Federal Court

When an allegation in a complaint falls under paragraph 30(1)(a), (b), (c), (d), (d.1) or (e) of the Act, the complainant has the right to apply to the Federal Court for a review. When the Information Commissioner makes an order(s), the institution also has the right to apply for a review. Whoever applies for a review must do so within 35 business days after the date of this report and serve a copy of the application for review to the relevant parties, as per section 43. If no one applies for a review by this deadline, the order(s) takes effect on the 36th business day after the date of this report.