Decisions

The complainant alleged that Indigenous Services Canada (ISC) did not conduct a reasonable search in response to an access request under the Access to Information Act for the following:

All documents, including but not limited to email and letter correspondence, research, studies, memos, drafts, decks and meeting minutes, etc. regarding housing space accommodation guides, housing space guides, space criteria, occupancy rates or capacity for house designs for reserve, rural, native or Indigenous communities from the Department of Indian Affairs and Northern Affairs/Indian and Northern Affairs Canada/Indigenous Services Canada from 1960 to 1990.

The allegation falls within paragraph 30(1)(a) of the Act.

The investigation determined that the Offices of Primary Interest did not retrieve all relevant records when they were tasked to do so. ISC was unable to show that it conducted a reasonable search for all the records responsive to the access request. The Office of the Information Commissioner (OIC) asked ISC to conduct a subsequent search for all relevant records. The first additional search again resulted in no records. However, the OIC asked ISC to conduct another search. As a result, 800 additional pages of responsive records were identified.

The Information Commissioner ordered that ISC provide an interim release to the access request within 36 business days following the date of the final report and to provide the final response to the access request no later than 60 business days following the date of the final report.

 ISC gave notice to the Commissioner that it would be implementing the order.

The complaint is well founded.