BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/3217-00208 — Treasury Board of Canada Secretariat
Office of the Information Commissioner of CanadaAccess to Information Act3217-00208Well-founded
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3217-00208 — Treasury Board of Canada Secretariat

Organization: Treasury Board of Canada Secretariat
Decision: Mar 3, 2022Published: Mar 3, 2022

The complainant alleged that the Treasury Board Secretariat (TBS) improperly withheld records concerning increased sick leave use before retirement, citing exemptions related to negotiations, advice, and personnel plans. During the investigation, the complainant narrowed the scope. The Information Commissioner found that TBS failed to demonstrate that disclosing the statistical and dated information would harm negotiations or personnel plans, as claimed under various ATIA exemptions. TBS did not provide sufficient evidence to justify withholding the records.

  • Applicability of paragraph 18(b) (negotiations)
  • Applicability of paragraph 21(1)(a) (advice or recommendations)
  • Applicability of paragraph 21(1)(c) (plans for negotiations)
  • Applicability of paragraph 21(1)(d) (personnel plans)

Complaint well founded — disclosure ordered

The Commissioner found that TBS failed to meet the requirements for the exemptions it claimed, as it did not demonstrate a reasonable expectation of harm to negotiations or personnel plans from disclosing statistical and dated information. TBS also failed to provide representations to support its claim for the exemption related to advice or recommendations.

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Recommended action / remedy

The Commissioner recommended that TBS disclose all pages at issue in full.

Statutory provisions cited
  • s.19(1) ATIA
  • s.18(b) ATIA
  • s.21(1)(a) ATIA
  • s.21(1)(c) ATIA
  • s.21(1)(d) ATIA

This is an informational summary only and does not constitute legal advice.