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April 11, 2017

Bob Mackin

Dear Bob Mackin:

Re: Complaint - Adequate Search;

Office of the Premier File OOP-2014-00559;
OIPC File F15-60370

On January 27, 2015, you complained to this office that the Office of the Premier (OOP) did not
perform an adequate search as required by section 6 of the Freedom of Information and
Protection of Privacy Act (FIPPA).

As the Investigator assigned to this matter, I have the delegated authority to make findings,
conclusions and recommendations as appropriate in respect of your complaint.

Background

On December 3, 2014, you wrote to OOP and requested the following:

The list of invitees and attendees to the BC Place Suite or any other hosting venue
attended by Premier Christy Clark, Deputy Premier Rich Coleman or Minister Todd
Stone at BC Place Stadium for the 102nd Grey Cup on November 30, 2014 and the
food and beverage order form, receipt and invoice. Date range is November 1, 2014
to [December 4, 2014].

On January 23, 2015, OOP responded and indicated that despite a thorough search, it did not
locate any records in response to your request.

Discussion

The adequacy of a public bodys search for responsive records falls within s. 6(1) of FIPPA.
Section 6(1) of FIPPA requires public bodies to make every reasonable effort to assist
applicants and to respond to openly, accurately and completely.

Section 6(1) does not impose a standard of perfection; however, a public body must do that
which a fair and rational person would expect to be done or consider appropriate. The search
should be thorough and comprehensive and include searching all potential sources of records.

In response to your complaint, I asked OOP about its search for records. Specifically, I asked
how a no records response was possible as it was my understanding that the Premier and
Deputy Premier Coleman attended the event.

OOP responded and advised me that the invitee/attendance list was coordinated by
Government Communications and Public Engagement (GCPE), that it had now reached out to

Mail PO Box 9038, Stn Prov. Govt, Victoria BC V8W 9A4 Location 4th floor, 947 Fort Street, Victoria BC
Tel. 250-387-5629 | Fax 250-387-1696 | Toll free through Enquiry BC 800-663-7867 or 604-660-2421 (Van.)
Twitter @BCInfoPrivacy | www.oipc.bc.ca
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GCPE and had been informed that the records were not retained. I enquired further and OOP
acknowledged its oversight in failing to inform you at the time of your request that GCPE may
have had responsive records.

Conclusion

In my view, OOP should have transferred your request to GCPE as per s. 11 of FIPPA. At the
very least, it should have advised you that another public body may have had records
responsive to your request. In failing to do so I find that OOP failed to comply with its duty
under s. 6 of FIPPA at the time of your request in December 2014.

OOP has advised me that with the release of this offices report in October 2015 and David
Loukidelis report in December 2015 it has been adhering to the following standards/
recommendations:

Having a designated public service employee managing access requests

Clarifying request interpretations with applicants

Trying to narrow requests with applicants to avoid/reduce fees

Initiating transfers requests to the appropriate public body; and,

Providing a complete and accurate response letter either by detailing the exceptions to
disclosure, if records were provided or in cases where there is a no records response,
explanatory language is used to advise applicant why records were not located, and (if
known) the public body that may hold responsive records.

While it is unfortunate that this incident occurred, I am satisfied that OOP now has appropriate
standards in place to prevent a similar incident from taking place in the future.

I have concluded my investigation and closed my file. By copy of this letter I am advising OOP
of my findings. If you have any questions I can be reached at 250-387-0755 or by email at
shodge@oipc.bc.ca.

Sincerely,

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Shannon Hodge
Investigator