5822-07254 — Library and Archives Canada
The complainant alleged that Library and Archives Canada (LAC) improperly withheld information under subsections 13(1) and 15(1) of the Access to Information Act, concerning Joint Intelligence Committee Intelligence for NORAD records from 1958-63. During the investigation, LAC provided two supplementary releases of previously withheld information. The Office of the Information Commissioner (OIC) determined that NORAD qualifies as an international organization of states for the purposes of paragraph 13(1)(b). The OIC found that not all information initially exempted by LAC met the requirements of subsections 13(1) and 15(1), leading to a well-founded complaint. However, an order was deemed unnecessary because LAC had already released some information, and the remaining withheld information was found to properly meet the requirements of subsection 13(1).
- 1Whether information was properly withheld under s.13(1) ATIA
- 2Whether NORAD constitutes an international organization of states or an institution thereof for the purposes of s.13(1)(b) ATIA
- 3Whether information was obtained in confidence from a foreign state under s.13(1)(a) ATIA
- 4Whether information was obtained in confidence from an international organization of states under s.13(1)(b) ATIA
- 5Whether the institution reasonably exercised its discretion under s.13(2) ATIA
- 6Whether the circumstances in s.13(2) ATIA existed (consent or public availability)
- 7Whether information was properly withheld under s.15(1) ATIA
- s.13(1) international affairs: Exemption not fully justified
- s.15(1) international affairs: Exemption not fully justified
- Definition of international organization: NORAD qualifies as international organization
- Disclosure of records: Supplementary release provided
- Complaint outcome: Complaint well-founded
- Order for disclosure: Order deemed unnecessary
- Remaining withheld information: Exemption s.13(1) upheld
Complaint well founded, but no order issued
The complaint was well founded because Library and Archives Canada initially exempted information that did not meet the requirements of subsections 13(1) and 15(1). However, an order was not necessary as LAC subsequently released some of the previously exempted information, and the remaining withheld information was found to properly fall under subsection 13(1). The OIC concluded that NORAD is an international organization of states for the purpose of s.13(1)(b) and that the information was obtained in confidence.
- s.13(1) ATIA
- s.13(1)(a) ATIA
- s.13(1)(b) ATIA
- s.13(2) ATIA
- s.15(1) ATIA
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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