BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5822-07348 — Environment and Climate Change Canada
Office of the Information Commissioner of CanadaAccess to Information Act5822-07348Well-founded
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5822-07348 — Environment and Climate Change Canada

Organization: Environment and Climate Change Canada
Decision: Mar 13, 2025Published: Mar 13, 2025

The complainant alleged that Environment and Climate Change Canada (ECCC) improperly withheld records related to the recovery strategy for the whitebark pine under several sections of the Access to Information Act. The Information Commissioner found that ECCC failed to demonstrate that certain exemptions were met, particularly regarding third-party information and the severing of factual information from exempt advice or deliberations. The Commissioner ordered ECCC to disclose specific records and re-exercise discretion on others, and ECCC agreed to comply with the order.

  • Application of exemptions for personal information (s. 19)
  • Application of exemptions for third-party information (s. 20(1)(b))
  • Application of exemptions for advice/deliberations (s. 21(1)(a) and (b))
  • Application of exemptions for federal-provincial affairs (s. 14)

Complaint well founded — disclosure ordered

The Commissioner found that ECCC did not adequately demonstrate that the requirements of the exemptions were met for certain records, and in some cases, failed to make reasonable efforts to seek consent or sever factual information from exempt advice or deliberations. ECCC was ordered to disclose specific information and re-exercise its discretion on other records.

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Recommended action / remedy

Disclosure of specific records, re-exercise of discretion on other records, and seeking consent for personal information.

Statutory provisions cited
  • s.19 ATIA
  • s.20(1)(b) ATIA
  • s.21(1)(a) ATIA
  • s.21(1)(b) ATIA
  • s.14 ATIA
  • s.30(1)(a) ATIA

This is a summary of a decision by the Office of the Information Commissioner of Canada for informational purposes only and does not constitute legal advice.