Notice under subsection 30(5), 2021 OIC 16

Date: May 2021

Summary

The Information Commissioner ceased an investigation, pursuant to paragraph 30(4)(b) of the Access to Information Act.

Paragraph 30(4)(b) allows the Commissioner to refuse or cease to investigate a complaint when initiating or continuing the investigation is unnecessary, including when the matter has already been the subject of an investigation or final report.

In this instance, the Office of the Information Commissioner (OIC) has already investigated and issued a final report on an identical matter—that is, allegations that the institution did not conduct a reasonable search for records created in the 1990’s.

The OIC informed the complainant that it was considering ceasing the investigation on the basis that it had already investigated an identical matter and offered an opportunity to the complainant to provide representations. The complainant did not respond.

No evidence suggesting that this matter is different has been provided to the OIC.

In light of the above, continuing this investigation was unnecessary.