The Newfoundland and Labrador Labour Relations Board was found to have conducted a reasonable search in response to a complainant’s access-to-information request, meeting its obligations under the province’s Access to Information and Protection of Privacy Act, 2015 (ATIPPA, 2015).
The Office of the Information and Privacy Commissioner (OIPC) confirmed that the Board fulfilled its duty to assist by making a concerted effort to locate all relevant records, concluding that no additional responsive records were being withheld.
The complainant initially requested various documents, including remuneration reports, records of specific applications, and personal information emails held by designated Board officials. Following this request, the Labour Relations Board provided 1,350 pages of responsive documents, with certain information redacted under ATIPPA, 2015. The complainant subsequently challenged the Board’s redactions and expressed concerns that some records might be missing from the disclosed materials.
During the ensuing investigation, the Board clarified its search parameters, which resulted in the discovery of one additional responsive record. The Board also removed some redactions based on recommendations from the OIPC. Despite informal resolution efforts, the case proceeded to a formal investigation.
The OIPC’s ruling, dated November 1, 2024, outlined the Board’s extensive search efforts, which included guidance from the ATIPP Coordinator and a direct search for records by employees who were away. One official, specifically named by the complainant, conducted an additional search once the parameters were clarified. In response to the complainant’s assertions, the OIPC stated that the “standard that a public body must meet in conducting a search for records is ‘reasonableness, not perfection,’” underscoring that absolute certainty is not required under the Act. Instead, the public body must demonstrate a genuine effort to locate the requested records.
Acting Information and Privacy Commissioner Jacqueline Lake Kavanagh, through her delegate, Director Sean Murray, confirmed that the Labour Relations Board’s actions met the standards set out in previous reports on reasonable search. Accordingly, the complaint was dismissed, with the OIPC supporting the Board’s position that it had acted in compliance with its statutory obligations.
The ruling emphasized that the duty to assist includes both conducting a reasonable search and providing a comprehensive response to applicants.
