5820-02287 — Public Services and Procurement Canada and House of Commons
The complainant alleged that Public Services and Procurement Canada (PSPC) improperly withheld records concerning the use of Indigenous languages in the House of Commons proceedings, citing exemptions related to government and third-party negotiations. The Information Commissioner found that PSPC failed to justify withholding information under paragraph 20(1)(d) regarding third-party negotiations. While PSPC could withhold per diem rates under paragraph 18(b) related to government negotiations, it failed to reasonably exercise its discretion in doing so. The Commissioner ordered PSPC to disclose most of the withheld information and reconsider its decision on the per diem rates.
- Proper application of paragraph 18(b) (negotiations by government institutions)
- Proper application of paragraph 20(1)(d) (negotiations by a third party)
- Reasonable exercise of discretion to withhold information
- Burden of proof on the institution to justify exemptions
Complaint well founded — disclosure ordered and discretion to be re-exercised
The Commissioner found that the institution failed to demonstrate that the information, apart from per diem rates, met the criteria for exemptions related to government and third-party negotiations. Furthermore, the institution did not reasonably exercise its discretion when deciding to withhold the per diem rates.
AI-generated summary for reference only. Always verify against the official decision ↗
The Commissioner ordered the institution to disclose information withheld under paragraphs 18(b) and 20(1)(d), except for per diem rates and personal information, and to re-exercise its discretion regarding the per diem rates.
- s.18(b) ATIA
- s.19(1) ATIA
- s.20(1)(d) ATIA
This is an informational summary and not legal advice.