5822-02864 — National Research Council Canada
The complainant alleged that the National Research Council Canada (NRC) improperly withheld information concerning negotiations with the Professional Institute of the Public Service of Canada (PIPSC) regarding overtime conversion. The NRC claimed exemptions under paragraphs 20(1)(d), 21(1)(a), 21(1)(c), and section 23 of the Access to Information Act. The Information Commissioner found that the NRC failed to meet the requirements for paragraphs 20(1)(d), 21(1)(a), and 21(1)(c) for most of the withheld information, but upheld the exemption under section 23 for specific legal advice. The Commissioner ordered the release of the information improperly withheld under the other provisions. The NRC has indicated it will implement the order.
- Whether information concerning negotiations with a third party was properly withheld under paragraph 20(1)(d).
- Whether information constituted advice or recommendations improperly withheld under paragraph 21(1)(a).
- Whether information constituted positions or plans for negotiations improperly withheld under paragraph 21(1)(c).
- Whether information was subject to solicitor-client privilege under section 23.
Complaint well founded — disclosure ordered
The Commissioner found that the NRC did not meet the requirements to withhold information under paragraphs 20(1)(d), 21(1)(a), and 21(1)(c) for most of the records, as the claimed interference with negotiations was not reasonably expected and the advice/plans were not properly justified. However, the Commissioner upheld the withholding of specific information under section 23, finding it met the criteria for solicitor-client privilege, and that the NRC reasonably exercised its discretion in withholding it.
AI-generated summary for reference only. Always verify against the official decision ↗
The Commissioner ordered the NRC to disclose information originally withheld under paragraphs 20(1)(d), 21(1)(a), and 21(1)(c) of the Act.
- s.20(1)(d) ATIA
- s.21(1)(a) ATIA
- s.21(1)(c) ATIA
- s.23 ATIA
- s.30(1)(a) ATIA
- s.36.3(1) ATIA
- s.37(2) ATIA
- s.43 ATIA
This is an informational summary and not legal advice.