The complainant alleged that Public Services and Procurement Canada (PSPC) has failed to provide records in response to an access request made under the Access to Information Act, for the Health Protection Building Whole Building (Tunney’s Pasture) Designated Substances Report. The complaint falls within paragraph 30(1)(a) of the Act.

In response to the access request, PSPC provided some of the contract documents listed in the access request. However, it did not provide the records which it stated are not under its control. The investigation found that although the records at issue were not in PSPC’s physical possession, they were under its control for the purposes of the Act.

The Information Commissioner ordered that the records be retrieved and that a response be provided to the complainant.

PSPC gave notice to the Commissioner that it would not implement the orders.

The complaint is well founded.