Privy Council Office (Re), 2024 OIC 73

Date: 2024-11-15
OIC file number: 5821-03817
Access request number: A-2016-00694

Summary

The complainant alleged that the Privy Council Office (PCO) had not conducted a reasonable search for records in response to an access request under the Access to Information Act. The request was for minutes of the Joint Intelligence Committee for the period of November 1, 1957, to December 31, 1958. The allegation falls under paragraph 30(1)(a) of the Act. The Information Commissioner found that PCO did not initially conduct a reasonable search for records. In the course of the investigation, PCO agreed to conduct a new search for records and retrieved additional records responsive to the access request. The Information Commissioner ordered PCO to complete the retrieval of all records responsive to the request, process all additional records located as a result of the new search, give access to additional records, and provide a supplementary response to the access request by November 22, 2024. PCO gave notice to the Commissioner that it would implement the order. PCO issued a supplementary response to the complainant.

The complaint is well founded.

Complaint

[1]      The complainant alleged that the Privy Council Office (PCO) had not conducted a reasonable search for records in response to an access request under the Access to Information Act. The request was for minutes of the Joint Intelligence Committee for the period of November 1, 1957, to December 31, 1958.

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

Investigation

Reasonable search

[2]      PCO 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 investigation, PCO conducted a new search. As a result of this search, additional records responsive to the access request were located. PCO indicated that it is currently consulting with Global Affairs Canada (GAC) and the Department of National Defence (DND) in the processing of these records. PCO undertook to finish the processing of the records by November 22, 2024.

[6]      I conclude that PCO did not initially conduct a reasonable search for records.

Outcome

[7]      The complaint is well founded.

Orders and recommendations

I order the Clerk of the Privy Council to:

1. Complete the retrieval of all records responsive to the request;
2. Process all additional pages of records located as a result of the additional search;
3. Provide a supplementary response to the access request by November 22, 2024;
4. Give the complainant access to responsive records, unless access to them, or to part of them, may be refused under a specific provision(s) of Part 1 of the Act. When this is the case, name the provision(s).

Initial report and notice from institution

On October 04, 2024, I issued my initial report the Clerk of the Privy Council setting out my orders and recommendations.

On November 12, 2024, the Assistant Secretary of the Cabinet gave me notice that PCO would be implementing the orders.

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.