5820-01373 — Ingenium – Canada’s Museums of Science and Innovation
The complainant alleged that Ingenium improperly withheld records related to an exhibit loan under several Access to Information Act provisions. During the investigation, Ingenium decided to no longer rely on some exemptions and agreed to disclose more information. The Commissioner found that photographs withheld under section 14 (federal-provincial affairs) and paragraph 68(c) (material placed by others) were not properly excluded or exempted. The Commissioner ordered Ingenium to disclose the records.
- Whether photographs were properly excluded under paragraph 68(c) of the ATIA.
- Whether photographs were properly exempted under section 14 of the ATIA (federal-provincial affairs).
- The application of the ATIA versus Quebec privacy legislation and Charter values.
- The interpretation of "material placed by others" under paragraph 68(c).
Complaint well founded — disclosure ordered
The Commissioner found that Ingenium failed to demonstrate that the photographs were excluded under paragraph 68(c) as they were institutional records, not the "material placed by others" themselves. Furthermore, Ingenium failed to show a reasonable expectation of harm to federal-provincial affairs if the photographs were disclosed, and therefore section 14 did not apply. The Commissioner concluded that the ATIA provisions, including the 20-year limitation for deceased persons' privacy, took precedence over Quebec privacy concerns and Charter values.
AI-generated summary for reference only. Always verify against the official decision ↗
The Commissioner ordered Ingenium to disclose the records.
- s.14 ATIA
- s.16(1)(c) ATIA
- s.18(b) ATIA
- s.18(d) ATIA
- s.19(1) ATIA
- s.68(c) ATIA
This is an informational summary only and does not constitute legal advice.