PO-4505-F

The Ministry of Municipal Affairs and Housing has received a high volume of requests for access to records relating to the decision to amend the Greenbelt Plan. This appeal arises from one of those requests, in which there was delay in issuing a final access decision within the time prescribed by the Act.
The Auditor General’s Special Report on Changes to the Greenbelt included observations regarding the use of personal email accounts by political staff and the deletion of emails. In light of these published observations, and on the IPC’s own initiative, the adjudicator issued Interim Order PO-4449-I and ordered the ministry to take steps to secure the preservation and recovery of records responsive to the appellant’s request.
The ministry provided the adjudicator with affidavit evidence explaining measures in place to preserve records relating to amendments to the Greenbelt Plan.
In this final order, the adjudicator is satisfied that measures are in place to secure the preservation of records relating to the subject matter of the access request giving rise to this appeal. Regarding the recovery of responsive records, the adjudicator accepts the ministry’s evidence of the steps taken to recover records relating to government business contained in personal email and messaging accounts of former staff and acknowledges the limitations to retrieving data that may have been permanently deleted prior to such measures being taken. The adjudicator makes recommendations to enhance compliance and accountability regarding record retention practices going forward.