Decisions

The complainant alleged that the Canada Border Services Agency (CBSA) did not conduct a reasonable search for records in response to an access request made under the Access to Information Act. The request was for Microsoft Teams (MS Teams) messages created between September 1, 2023, and December 6, 2023, containing a list of keywords related to ArriveCAN. The allegation falls under paragraph 30(1)(a) of the Act.

CBSA retains MS Teams messages for 30 days. However, CBSA only began processing the access request more than 30 days after it received it, due to it not being promptly entered it into its case management system. As a result, access to information officials, assuming all relevant records would have already been destroyed, did not ask program areas for records. Instead, CBSA told the complainant that no such records existed.

CBSA policy requires business-related information shared on MS Teams to be saved to corporate repositories before the 30-day mark passes. In light of questions about this during the investigation, CBSA searched these repositories and identified one relevant record, which it provided to the complainant. Regardless, the delay in asking program areas for records undoubtedly had a detrimental effect on the requester’s right of access.

The complaint is well founded.

No order was required, since CBSA disclosed the only record responsive to the access request.

The complainant alleged that Health Canada had improperly withheld information under subsection 19(1) (personal information) and paragraph 20(1)(c) (financial impact on a third party) of the Access to Information Act in response to an access request. The request was for documents relating to the impact of campfires on air quality. The allegation falls under paragraph 30(1)(a) of the Act.

Health Canada withheld the names of third parties and short texts about them under paragraph 20(1)(c). The third parties did not demonstrate that general and innocuous information met the requirements of paragraph 20(1)(c). Health Canada agreed to disclose the information following an order issued by the Information Commissioner.

The Information Commissioner ordered that Health Canada disclose specific information at issue.

Health Canada gave notice that it would disclose specific pages in accordance with the order.

The complaint is well founded.