The complainant alleged that the Canadian Security Intelligence Service (CSIS) did not conduct a reasonable search under the Access to Information Act when responding to an access request seeking records related to pay equity for unionized CSIS employees. The complaint falls within paragraph 30(1)(a) of the Act.

Despite the involvement of its Departmental Legal Services Unit (DLSU) in the pay equity issue, CSIS refused to task this area, stating that DLSU records form part of the Department of Justice’s information holdings and are therefore not under CSIS’ control.

The Office of the Information Commissioner found that records responsive to the request might be under the control of CSIS and/or both CSIS and Justice. CSIS, in refusing to task, retrieve and review requested records from its DLSU to determine the issue of control, failed to conduct a reasonable search.

The Information Commissioner recommended that CSIS retrieve and review responsive records from its DLSU, and issue a new response.

CSIS gave notice to the Commissioner it would not implement the recommendations.

The complaint is well founded.