Access to Information Orders

Decision Information

Summary:

ORDER This is my Final Order disposing of the one outstanding issue in Interim Order P-457, dated May 11, 1993. In Interim Order P-457, I ordered the Ministry of Health (the Ministry) to conduct a further search for responsive records and to provide me with a detailed affidavit sworn by an official of the Ministry who has knowledge of and understands the subject matter of the request. I stated that at a minimum, the affidavit must contain the following: (1) Information about the official swearing the affidavit describing his or her qualifications and responsibilities; (2) It must state that the official has knowledge of and understands the subject matter of the request; (3) It must set out the date(s) the person conducted the search and the names and positions of other Ministry employees who were consulted by the person, if any; (4) The type of files searched, the nature and location of the search; and (5) If the official maintains that there is no credible basis for believing that a record responsive to the request exists in the custody or under the control of the Ministry, he/she must provide the reasons for holding such a belief as well as details of inquiries, if any, that were made to determine whether another institution has custody or control of the responsive records. In response to the Order P-457, the Ministry has provided me with an affidavit sworn by the Ministry's Assistant Director, Planning and Administration of the Drug Programs Branch. The affidavit complies with the requirements of the order and states that further searches conducted by the Ministry have failed to identify additional records. The affidavit describes in detail, the searches conducted and the various steps taken to locate records responsive to the request. The affidavit also provides reasons for the non-existence of factual information related to savings. Having carefully reviewed the Ministry's representations, and the affidavit evidence it submitted, I am satisfied that the Ministry has taken all reasonable steps to locate any responsive records, and I find that the search conducted by the Ministry was reasonable in the circumstances of this appeal. Original signed by: June 4, 1993 Asfaw Seife Inquiry Officer

Decision Content

ORDER P-471

 

Appeal P-9300041

 

Ministry of Health

 


 

ORDER

 

 

This is my Final Order disposing of the one outstanding issue in Interim Order P-457, dated May 11, 1993.

 

 

In Interim Order P-457, I ordered the Ministry of Health (the Ministry) to conduct a further search for responsive records and to provide me with a detailed affidavit sworn by an official of the Ministry who has knowledge of and understands the subject matter of the request.  I stated that at a minimum, the affidavit must contain the following:

 

 

(1)        Information about the official swearing the affidavit describing his or her qualifications and responsibilities;

 

(2)        It must state that the official has knowledge of and understands the subject matter of the request;

 

(3)        It must set out the date(s) the person conducted the search and the names and positions of other Ministry employees who were consulted by the person, if any;

 

(4)        The type of files searched, the nature and location of the search; and

 

(5)        If the official maintains that there is no credible basis for believing that a record responsive to the request exists in the custody or under the control of the Ministry, he/she must provide the reasons for holding such a belief as well as details of inquiries, if any, that were made to determine whether another institution has custody or control of the responsive records.

 

 

In response to the Order P-457, the Ministry has provided me with an affidavit sworn by the Ministry's Assistant Director, Planning and Administration of the Drug Programs Branch.  The affidavit complies with the requirements of the order and states that further searches conducted by the Ministry have failed to identify additional records.  The affidavit describes in detail, the searches conducted and the various steps taken to locate records responsive to the request.  The affidavit also provides reasons for the non-existence of factual information related to savings.

 

 

Having carefully reviewed the Ministry's representations, and the affidavit evidence it submitted, I am satisfied that the Ministry has taken all reasonable steps to locate any responsive records, and I find that the search conducted by the Ministry was reasonable in the circumstances of this appeal.

 

 

 

 

 

 

Original signed by:                                                        June 4, 1993             

Asfaw Seife

Inquiry Officer

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.