PO-4592

Collection
Access to Information Orders
Date
File Numbers
PA23-00235
Adjudicators
Marian Sami
Decision Type
Order
Applicable Legislation
FIPPA - 10(1)
FIPPA - 25(1)
FIPPA - 25(2)
FIPPA - 25(3)
FIPPA - 25(4)
FIPPA - 57

Cabinet Office received a request under the Freedom of Information and Protection of Privacy Act (the Act) for records relating to the GO Transit train service and the Milton line. Cabinet Office forwarded the request to Metrolinx under section 25(1) of the Act. Cabinet Office did so because it determined that, based on the wording of the request, it did not have custody or control of responsive records; it also reached out to Metrolinx and confirmed that it had custody or control of responsive records.
The appellant appealed Cabinet Office’s decision and argued section 25(1) implicitly requires an institution to conduct a search before forwarding a request. In this order, the adjudicator finds that section 25(1) does not require an institution to conduct a search and that it was reasonable for Cabinet Office not to conduct a search before forwarding the request, in the circumstances. She upholds Cabinet Office’s decision to forward the search under section 25(1) and dismisses the appeal.