5820-00685 — Immigration, Refugees and Citizenship Canada
The complainant alleged that Immigration, Refugees and Citizenship Canada (IRCC) improperly withheld Fee Analysis Reports and fee monitoring dashboards under paragraph 21(1)(a) (advice or recommendations) and section 23 (legal advice and litigation privilege) of the Access to Information Act. The OIC found that the records were primarily factual and did not meet the requirements for either exemption. Although the OIC intended to order the release of the records, IRCC released them voluntarily before the order was issued.
- Whether the Fee Analysis Reports and fee monitoring dashboards constitute 'advice or recommendations' under paragraph 21(1)(a) of the ATIA.
- Whether the records were prepared for the dominant purpose of litigation, as required for exemption under section 23 of the ATIA.
- Whether IRCC's search for records was complete.
Complaint well founded — records released
The Commissioner found that the records in question were factual in nature and did not contain advice or recommendations as defined by paragraph 21(1)(a) of the ATIA. Furthermore, the Commissioner determined that IRCC failed to demonstrate that the records were prepared for the dominant purpose of litigation, thus not meeting the criteria for exemption under section 23 of the ATIA.
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The Commissioner intended to order the release of the records in their entirety, but this order became unnecessary as the institution voluntarily released the records.
- s.21(1)(a) ATIA
- s.23 ATIA
This is an informational summary only and does not constitute legal advice.