OFFICE OF THE

INFORMATION &
PRIVACY COMMISSIONER
for British Columbia
Protecting privacy. Promoting transparency.

January 28, 2015

Bob Mackin
29 - 3034 Edgemont Blvd.
NORTH VANCOUVER BC V7R 4X1
Dear Bob Mackin:
Re: Complaint - Adequate Search;
City of Vancouver File 2014-067;
OIPC File F14-57143
On April 3, 2014, you submitted a complaint to the Office of the Information and Privacy
Commissioner (OIPC) alleging the City of Vancouver (the "City") did not meet its obligations
under s. 6 of the Freedom of Information and Protection of Privacy Act (FIPPA) by failing to
conduct an adequate search for records you requested.
In accordance with section 49 of FIPPA, the Commissioner has delegated authority to me,
under section 42 of FIPPA, to investigate your complaint. In conducting this investigation, I am
exercising the delegated power to investigate, make findings and dispose of your complaint.
BACKGROUND
On February 17, 2014, you asked the City to provide you with a copy of all of Mike Magee's
emails to and from a set of individuals who you name in your request.
On March 21, 2014, the City responded to your request advising you that there were no
responsive records.
On January 13, 2014, you complained to the OIPC providing two emails which showed that
there were emails responsive to your request.
ISSUE
The issue is whether the City complied with its duty under s. 6(1) of FIPPA in conducting its
search for responsive records.
DISCUSSION
The City informed me that its IT department searched Mr. Magee's City email account for all
emails fitting the criteria set out in your request, which includes all emails to, from and Cc. No
emails were located. Mr. Magee has advised that he saves very few of his emails and deletes
emails on a weekly basis.

Mail: PO Box 9038, Stn Prov Govt, Victoria BC V8W 9A4

Location: 4th Floor, 947 Fort Street, Victoria BC
T. 250 387 5629 F. 250 387 1696
Toll free through Enquiry BC 800 663 7867 or 604 660 2421 (Vancouver)
W. www.oipc.bc.ca

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In the email I sent you on January 22, 2015, I informed you that Ms. Van Fraassen asked Mr.
Magee if he had responsive records on his personal device. Mr. Magee told M. Van Fraassen
that he did not.
You indicated that the emails you provided as evidence were obtained in a separate request
under the City's file 2012-316. Ms. Van Fraassen searched this file to ascertain if there were
any further emails that met your request. She discovered two emails, which you are already in
possession of. Ms. Van Fraassen agreed to disclose those emails to you. On January 28, 2015,
Ms. Van Fraassen provided you with copies of the emails.
FINDING
It is my opinion the City has conducted a reasonable search for records related to your request.
I find that the City has met its obligations under s. 6 of FIPPA in conducting its search for
records.
CONCLUSION
Under my delegated authority to investigate and resolve complaints, I have concluded this
investigation and have closed the file. If you have any questions, please call me at (250) 3560791 or contact me by email at tmots@oipc.bc.ca.
incerely,

Investigator
Cc. Barbara Van Fraassen, Director, Access to Information, City of Vancouver