BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5822-00319 — Impact Assessment Agency of Canada
Office of the Information Commissioner of CanadaAccess to Information Act5822-00319Well-founded
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5822-00319 — Impact Assessment Agency of Canada

Organization: Impact Assessment Agency of Canada
Decision: Jun 27, 2025Published: Jun 27, 2025

The complainant alleged that the Impact Assessment Agency of Canada (IAAC) had improperly withheld information related to its 2020-2021 inspection plan. The IAAC withheld information under numerous sections of the Access to Information Act, including exemptions related to federal-provincial affairs, investigations, third-party commercial information, and advice/deliberations. The Information Commissioner found that the IAAC failed to demonstrate that the exemptions were properly applied in many instances and did not adequately exercise its discretion to disclose information. Consequently, the Commissioner ordered the IAAC to disclose significant portions of the withheld information.

  • Improper application of exemptions under the Access to Information Act
  • Failure to demonstrate reasonable expectation of harm for withheld information
  • Inadequate exercise of discretion to disclose information
  • Application of third-party commercial and financial information exemptions

Complaint well founded — disclosure ordered

The Information Commissioner found that the IAAC did not adequately justify the withholding of records under several exemptions of the Access to Information Act and failed to demonstrate that it had reasonably exercised its discretion to disclose information.

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Recommended action / remedy

The Commissioner ordered the Impact Assessment Agency of Canada to disclose certain withheld information and to re-exercise its discretion regarding other withheld information.

Statutory provisions cited
  • s.13 ATIA
  • s.14 ATIA
  • s.16(1)(c) ATIA
  • s.16(2) ATIA
  • s.19(1) ATIA
  • s.20(1)(b) ATIA
  • s.20(1)(c) ATIA
  • s.21(1)(a) ATIA
  • s.21(1)(b) ATIA
  • s.21(1)(c) ATIA
  • s.21(1)(d) ATIA
  • s.23 ATIA
  • s.24(1) ATIA
  • s.68(a) ATIA

This decision is for informational purposes only and does not constitute legal advice.