Decisions

The complainant alleged that the Public Health Agency of Canada (PHAC) did not conduct a reasonable search in response to an access request under the Access to Information Act for records related to the fee schedule or dispersal of payments to every province and territory of Canada pursuant to Budget Implementation Act, 2021, No. 1, SC 2021, c 23, s 197. This complaint falls within paragraph 30(1)(a) of the Act.

During the investigation, the OIC sought information from PHAC related to the program areas tasked to search for records and the parameters of the search. In response, PHAC re-tasked the relevant program areas. As a result, approximately 104 additional pages identified as responsive to the request were retrieved.

The Information Commissioner ordered that PHAC complete the retrieval of the records identified by PHAC as responsive to the request and provide a new response to the complainant no later than 60 days after the effective date of the order. PHAC gave notice that it would implement 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 from 2014 onwards related to the National Priority Ranking Framework, the Priority Framework for Water and Wastewater Projects, and long-term First Nations Infrastructure Investment Plans - including internal correspondence. The complaint falls within paragraph 30(1)(a) of the Act.

The investigation determined that the Offices of Primary Interest (OPIs) tasked with retrieval of responsive records may not have been the only appropriate OPIs to task, and that additional OPIs may hold responsive records.

The Information Commissioner ordered that ISC conduct a new search for additional records that respond to the access request and provide a new response once the search is complete that either gives access to any additional records or identifies why no such records were located.

ISC responded that it would implement the orders and expand the breadth of its search and provide any additional records by July 31, 2023.

The complaint is well founded.