UPDATE: Town of Amherstburg Ordered to Conduct Further Records Search

On August 10, 2020, the compliance date for Information and Privacy Commission ORDER MO-3934-I, the Town of Amherstburg requested an extension until September 30 to complete further searches and provide affidavits and representations about the additional searches in satisfaction of Order Provisions 1- 3.

As posted in Town of Amherstburg Ordered to Conduct Further Records Search). the first three Order provisions are:

  1. I order the town to conduct a further electronic search in response to the appellant’s request using the email addresses of the EA and any other staff in the CAO’s office.
  2. I order the town to conduct a further search of its electronic and paper record holdings for records that may flow from the May 8, 2017 email referred to in paragraph 24 of this order.
  3. I order the town to provide me with an affidavit sworn by the individual(s) who conduct(s) the further searches by August 10, 2020 describing its search efforts. The affidavit(s) should include the following information:
    1. the names and positions of the individuals who conducted the searches;
    2. information about the types of files searched, the nature and location of the search(es) and the steps taken in conducting the search(es);
    3. the results of the search(es); and,
    4. if the search described in order provision 2 does not yield any further results, an explanation.

The Adjudicator understood from the town’s letter that the Town of Amherstburg has commenced the additional searches, which have yielded a large volume of records that require review; and that there have been some delays in completing the additional searches due to demands on staff time because of emergency declarations for COVID-19 and flooding.

In response, the Adjudicator amended the compliance date in Order Provision 3 to be September 30, 2020.

Any further requests for extension must be made before September 15 and the appellant will be given an opportunity to make representations. Requests for additional time for compliance with Order Provisions 1-3 beyond September 30 that are received after September 15 will not be granted, unless extraordinary circumstances are present.

The Adjudicator clarified that the order was issued by the Information and Privacy Commissioner of Ontario, which is an Office of the Legislative Assembly and independent from the provincial government.