Decisions

The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) did not conduct a reasonable search in response to an access request under the Access to Information Act for copies of all of Canada's School Narratives, including supporting documents and document lists, as disclosed as part of the Independent Assessment Process. The allegation falls within paragraph 30(1)(a) of the Act.

The investigation determined that CIRNAC access officials identified that records existed but refused to process them, stating that the records are confidential and that processing them would require a minimum of 12 months to complete, given existing priorities.

The Information Commissioner ordered that CIRNAC complete the retrieval of all records responsive to the request, and provide a new response to the access request no later than the 60th business day following the date of the final report.

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

The complaint is well founded.

The complainant alleged that National Defence did not conduct a reasonable search in response to an access request under the Access to Information Act for all documents related to a selection process of Steward/Command Master Sailor to the Commander of the Royal Canadian Navy. The complaint falls within paragraph 30(1)(a) of the Act.

The investigation determined that not all relevant Offices of Primary Interest were tasked with retrieval of responsive records. In addition, the taskings were not clear and did not include all pertinent keywords. National Defence was unable to show that it conducted a reasonable search for records that fell within the scope of the access request.

The Information Commissioner ordered that National Defence complete the retrieval of all records responsive to the request, which would include tasking specified individuals and provide a new response to the access request no later than the 36th business day following the date of the final report.

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

The complaint is well founded.

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 records related to the Non-Insured Health Benefits Mental Health Counselling benefit, including the “detailed review” of how services are delivered and associated expenditure decisions; proposals to fund community mental wellness projects outside of Benefits Program authorities, and the "risk-based review to improve financial controls and management practices across all regions".

During the investigation, ISC indicated that the “detailed review” was conducted verbally. However, given that the term “detailed review” came from a Briefing Note prepared by ISC, it was reasonable to conclude that the term “detailed review” was significant, and that some responsive documentation would exist. The OIC also questioned why no records were found relating to parts 2 and 3 of the request.

ISC advised the OIC that the subject matter experts and records holders originally tasked with the search, “searched their records with a broader lens in terms of scope and timeframe”. ISC confirmed that these additional efforts generated at least 170 pages of documents that were not found initially and that those records are now being triaged and reviewed.

The Information Commissioner ordered that ISC complete the retrieval of the records identified by ISC as responsive to the request and provide a new response to the complainant no later than the 36^th business day after the effective date of the order. ISC gave notice that it would implement the order.

The complaint is well founded.