Access to Info Watch: In search of ... documents that never were

Ask any Access to Information aficionado and they'll almost certainly agree that, short of having one's request languish in bureaucratic limbo for months, or even years, one of the most frustrating replies that one can receive in response to a request is that the records can't be released for one very simple reason: the department in question wasn't able to find any such material within its holdings.

On the plus side, at least we're starting to get some idea of just how many non-existent documents there ... well, aren't out there, thanks to open.gc.ca.

As reported right here on the blog last month, and confirmed by Treasury Board President Tony Clement earlier today, as of January 1, 2012, all departments will be required to post summaries of all completed ATI requests, and the means of disposal -- full release, partial disclosure or, if all attempts to ferret out relevant material came up empty, official confirmation that the records in question don't exist. 

Some have begun doing so already, and the results -- or, in this particular case, the lack of results -- are fascinating.
 
In some cases -- for instance, a request lodged with Canadian Heritage seeking material "including but not limited to memos, briefing notes, studies and analysis of the New Democratic Party, its platforms leadership and candidates from March 26, 2011 to May 2, 2011" -- it's no surprise that the department was unable to produce any material. It would, after all, be a bit of an eyebrow-raiser for civil servants to be tasked with monitoring opposition parties -- that's what party research offices are for, after all.

But in others, that fact itself seems noteworthy. Are there really no briefing notes on values and ethics within the control of the Department of Finance? Nor any material related to domestic detention arrangements, as well as the arrivals of the Sun Sea and Ocean Lady vessels, that was prepared for the Commissioner of Corrections, nor a single white paper on possible policy reforms or a legislative response to "Arctic specific offshore oil drilling regulations" at the National Research Council -- nor, perhaps most ominously for those of us who work in the building in question, any "results of seismic evaluations of the Centre Block Roof Top Masonry" on file at Public Works?

More records that, according to the departments that received the original ATI requests, do not exist: 

Aboriginal Affairs and Northern Development Canada

• Documents, briefing notes or research relating to transport of nuclear materials or equipment used in or destined for a nuclear powered generating facility through First Nations territory. Since January 1, 2010. Please exclude emails and documents prepared for cabinet. Please provide documents in electronic format (PDF etc.) if possible
• Correspondence and documents between the Federal Environment Minister and Indian and Northern Affairs Canada between January 1, 2007 and November 10, 2010 regarding the Prosperity Mine Project.
• Briefing and communications notes on the release of the report on First Nations education to the United Nations Committee on the Rights of the Child entitled "Our Dreams Matter Too".
• Records regarding the Inuit relocation connected to the mining development at Asbestos Hill (now known as Purtuniq), Quebec.
• Records on abuses and preventing abuses in business transactions on reserves.
• Guidelines for personal or business use of social media sites by your institution's employees.

Atlantic Canada Opportunities Agency

• Copies of audit or evaluation reports of all projects in Newfoundland and Labrador since January 1, 2010.

Canada Border Services Agency

• Copies of records concerning a complaint filed in October 2010, and the follow-up investigation into an incident where a CBSA employee had received funds from a company with which the CBSA concluded a service contract. The time frame for this request is from the date of the incident until April 28, 2011.
• A copy of the final (or draft if the final is not yet available) 2010-2011 Canada Border Services Agency Annual Use of Force Report.
• Copy of any document marked confidential, secret and top secret created by the National Risk Assessment Centre from 2011-01-01 to 2011-05-16.
• Risk assessments created by the Canada Border Services Agency's Intelligence Risk Assessment Centre from 2011-02-11 to 2011-05-03.

Canadian Commercial Corporation

• Correspondence, memoranda, reports, between Canadian and US  authorities regarding marine transportation of supplies and equipment for the Distant Early Warning (DEW) Line. Period requested calendar 1954 through calendar 1964.

Canadian Heritage

• Records, including but not limited to memos, briefing notes, studies and analysis of the New Democratic Party, its platforms leadership and candidates from March 26, 2011 to May 2, 2011.
• The final official report about the Vancouver 2010 Olympics and Paralympics, which was delivered by VANOC to the International Olympic Committee on July 7, 2011 titled: ''With Glowing Hearts/Des plus brillants exploits VANOC, Official Games Report/Rapport Officiel des Jeux COVAN''.
• Plans for celebrating the bicentennial of the birth of Sir John A. MacDonald in 2015.
• Documents relating to the use of John Diefenbaker's name for heritage purposes. Specifically, documents relating to decisions that might involve using his name on government property (i.e. buildings, military vehicles etc.).

Correctional Service Canada

• Number or percentage of inmates among the offender population assessed as having a substance abuse problem (not alcohol) at their admission
• Copies of an briefing material prepared for the Commissioner and/ or Senior Deputy Commissioner of CSC discussing domestic detention arrangements
• A copy of the Fact Finding Report on the 2010 Prisoner's Justice Day shirts
• Photographs of all weapons found and seized during lock-down and searches at Warkworth Institution
• All requests made by CSC employees at Cowansville to circumvent the law or have immunity from a criminal act
• All records about prisoners receiving compensation from the Federal Worker's Compensation Service dating back to 2008
• How much money is paid by the penitentiaries in Renous, Dorchester and Springhill annually to their local fire departments
• Reports over the last five years comparing the performance of male and female guards in federal penitentiaries
• Memos, reports and briefing notes prepared for Commissioner/Senior Deputy Commissioner of CSC relating to the MV Sun Sea
• All records prepared for the Commissioner of Correctional Service of Canada relating to the Ocean Lady, which arrived in British Columbia on October 17, 2009

Finance Canada

• List of projects approved under the Economic Action Plan in Alberta January 27, 2009 to March 8, 2011
• Audit of the transfer payment process   
• Documents about the January 28, 2011 Ottawa Sun article "CBC computers run millions over budget"
• Cost to hire permanent employees from 2000 to 2011   
• Briefing notes on Values and Ethics
• Responses to the 2011 report by the National Roundtable on the Environment and the Economy entitled Parallel Paths: Canada-U.S. Climate Policy Choices

Economic Development Agency for the Quebec Regions

• A copy of the deliverables of contract 938-E11-0110 awarded to the Institut Statistique du Québec.

Health Canada

• All records related to a list of communities in Northern Canada deemed to dangerous for Health Canada staff to travel because of high rates of infectious disease.
• Any correspondence from Health Canada Staff refusing to visit communities in Northern Canada over their fear of infectious diseases such as Tuberculosis and Hepatitis.
• Instruction to Access to Information Office during Federal election.
• Information regarding the product Sambucol For Kids, NPN 80022538 by Aloe Vera of America, Inc.
• All documents pertaining to the recommendation by Dr. Yvette Bonvalot, that an epidemiological study be carried out at Canadian Forces Base Valcartier and environs concerning exposure to TCE (Trichloroethylene) and other pollutants and/or water supply. (Jan 1, 2001 to Dec 31, 2003).
• Inspection, complaint, investigation records involving Marchese Pharmacy (Hamilton, Ontario) and 316 James St. N and 340 James St. N (Hamilton, Ontario). Any regulatory-related correspondence with this pharmacy. (Oct 1, 2010 to Feb 1, 2011).
• Nutritional information written on the Nutrition Facts labels on food packaging. The names of all chemical additives that may be found in each of the following ingredients: spices, natural flavours and artificial flavours.
• Copy of the risk management guidelines on and incident reports related to photocopiers. (May 20, 2008 to May 19, 2011).
• All documents relating to consideration of requiring Health Canada Infoway Inc., to disclose the total annual compensation for each officer director and employee whose compensation exceeds $100,000 per year.
• Financial or economic modelling of the effectiveness of plain packaging in reducing smoking prevalence, and documents containing or referring to that modelling. (Jan 1, 1998 to Jun 6, 2011).
• Financial or economic modelling of the likely or assumed costs and/or benefits to the Canadian government of implementing plain packaging, and documents containing or referring to that modelling. (Jan 1, 1998 to Jun 6, 2011).

National Defence

• MIKAN 135262, RG24 1997-98/371, Box 3, Folder: Special Reports Block B 1983-1984, File: "Search and Rescue Special Report/SAR Vogel 19/20 October 1984"
• HMCS Onondaga for 1972: Ships logs from January to July 1972,  Dartmouth Slips records of Docking of HMCS Onondaga in 1972, repair logs of HMCS Onondaga generators for 1972
• All audio communications or transcripts of,  to and from the crew of the Sea Kings at Shearwater regarding Prince William's flights on Sea Kings while in Canada July 2011
• The Canadian Forces Officers List   
• Documents about intelligence and surveillance research & development between Communications Security Establishment Canada (CSEC) and DND Centre for Security Science for the period 2006 to 19 July 2011

National Energy Board

• Environmental assessments conducted between 1 January 2010 and 30 September 2011 by government agencies or independent agencies relating to the ability of the blocks of ocean floor in Arctic waters to handle exploratory wells.
• White papers relating to government's intention for policy reform or legislative response to Arctic specific offshore oil drilling regulations.
  

National Research Council of Canada

• Any and all information regarding government funded chimpanzee research taking place in Canada in the last 5 years.
• Nature of work that occurred at the facility located in Arnprior Ontario, sometimes known as the "Arnprior Flight Research Section'', between 1946 and 1954.

Parks Canada

• Information pertaining to certain properties located in the District of Muskoka, Ontario

Public Works and Government Services Canada

• Amount spent annually by department on encryption solutions for mobile telephones over the past 5 years.
• Breakdown for items such as "Other Health Services Not Elsewhere Specified" and "Paramedical Personnel."
• Access to information requests submitted to PWGSC in July 2010 pertaining to Individual Meal Packs, Combat Rations and Combat Rations Components, Meals Ready to Eat, Meal Pack Program, Action Meals, food packages, ROPACK or ROPACK Inc.
• Invoices and/or any contracts pertaining to the purchase or renting of all kinds of works of art at the Governor General's official residence, Rideau Hall, during Adrienne Clarkson's term as Governor General.  NOTE: Identically worded requests for the same information during the terms of Clarkson's successor, Michaelle Jean, and current Governor General David Johnston met with the same response: "Does not exist".
• Information supplied by a Toronto based court reporting firm during the processing of the requester's security clearances.
• Results of acoustical testing on office mock-up to validate construction requirements for the parliamentarian office in the West Block building to bring office acoustic standards to STC-52.
• Results of seismic evaluations of the Centre Block Roof Top Masonry.
• Complaints from potential suppliers with respect to the awarding and administration of federal contracts for goods and services, in relation to the rehabilitation of the West, East, and Centre Blocks of Parliament, from Jan. 1, 2008 to present.
• Feasibility studies under the Long Term Vision and Plan for the Parliamentary Precinct on different options for redeveloping the former U.S. embassy building located at 100 Wellington St.
• Records of all sales of firearms from the Canadian Forces or other government agencies through the Crown Assets Distribution Centers during the past ten years.
• 2011 reviews, reports, briefings in the feasibility, drawbacks and strengths and costs to adopting cloud-based computer services.

Treasury Board of Canada Secretariat

• Copy of any correspondence, memoranda, notes or other documents relating to a letter dated March 29, 1957, from the Minister of National Health and Welfare concurred in by the Minister of Citizenship and Immigration, to the President of the Treasury Board.
• All communication and information regarding the Zero Tolerance Policy with respect to anti-Semitism and/or racism.
• Occupational health & safety policy, standards, guidelines and procedures pertaining to reporting information on employees with hidden disabilities to those who ''need to know'' at a job site. Also, define who falls under ''need to know'' category.