Library and Archives Canada (Re), 2021 OIC 34
Date: 2021-11-22
OIC file number: 5821-00106
Institution file number: A-2020-06688
Summary
The complainant alleged that Library and Archives Canada (LAC) did not conduct a reasonable search in response to a request for an Index containing information about all the military personnel who served in World War II.
The investigation determined that LAC did not have the index sought by the complainant. LAC explained that World War II personnel records contained not only information on personnel who served in World War II, but also those who served in Korea and other military deployments until 1971. These records are paper-based, and were neither digitized nor used to create an electronic database from which a complete list of World War II personnel could be obtained.
While LAC’s access to information responses to specific queries may have given the false impression to the requester that an index of World War II personnel exists, LAC does not in fact possess a complete index of the number of Canadians who served in World War II.
The complaint is not well founded.
Complaint
[1] The complainant alleged that Library and Archives Canada (LAC) did not conduct a reasonable search in response to a request for an Index containing information about all the military personnel who served in World War II.
Investigation
[2] LAC 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.
[3] 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.
[4] 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?
[5] During the course of the investigation, the Office of the Information Commissioner (OIC) reviewed how LAC conducted its search for records responsive to the request in an effort to evaluate whether the search was reasonable. The OIC sought to determine whether LAC had fulfilled its obligations under the Access to Information Act to provide all of the relevant information under its control.
[6] The investigation determined that LAC did not have the index sought by the complainant. LAC explained that World War II personnel records transferred to them from National Defence in 1971 contained not only information on personnel who served in World War II, but also those who served in Korea and other military deployments until 1971. In addition, that collection of records does not contain information on reservists who served in World War II. These records are paper-based, and were neither digitized nor used to create an electronic database from which a complete list of World War II personnel could be obtained.
[7] LAC is able to respond to access to information requests for information about specific individuals who served in World War II based on identifying information (such as name, rank, and service identifier). LAC can use such information, as provided by the requester, to formulate a query to the storage facilities that house the records of military service for this time period. Staff members then use their knowledge of the records to try to find information that responds to the query.
[8] While LAC’s access to information responses to specific queries may have given the false impression to the requester that an index of World War II personnel exists, LAC does not in fact possess a complete index of the number of Canadians who served in World War II.
Result
[9] The complaint is not well founded.
Section 41 of the Access to Information Act provides a right to the complainant who receives this report to apply to the Federal Court for a review. The complainant must apply for this review within 35 business days after the date of this report and must serve a copy of the application for review to the relevant parties, as per section 43.