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Federal (Canada)Access to Information ActWell-founded

Privy Council Office (Re), 2026 OIC 26

Organization: Privy Council OfficeComplainant: Anonymous applicant
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Plain-language brief

An anonymous applicant complained that the Privy Council Office (PCO) improperly withheld records related to meetings of the Joint Intelligence Committee and Intelligence Advisory Committee from 1972. PCO initially claimed exemptions under subsections 13(1), 15(1), 16(1)(a), 16(1)(b), 16(1)(c), and 19(1) of the Access to Information Act. During the investigation, PCO conceded that some exemptions were improperly applied and released additional information, and the complainant narrowed the scope of the complaint. The Information Commissioner found that PCO failed to demonstrate that most of the remaining withheld information met the requirements for exemption under subsections 13(1) and 15(1), often citing a lack of evidence for confidentiality or a reasonable expectation of harm, especially given the historical nature and public availability of similar records. For a British Joint Intelligence Committee Draft Paper title, while s.13(1) applied, PCO did not reasonably exercise its discretion under s.13(2) as the title was publicly available. Consequently, the Commissioner ordered PCO to disclose numerous pages in their entirety and to re-exercise discretion for specific information. The complaint was found to be well-founded, and PCO agreed to implement the orders.

Key issues
  1. 1Whether information regarding visits of Intelligence Community members from other countries met the requirements of s.13(1) ATIA.
  2. 2Whether information concerning the Tripartite Alert Circuit met the requirements of s.13(1) ATIA.
  3. 3Whether the titles of liaison officers from other countries met the requirements of s.13(1) ATIA.
  4. 4Whether information regarding other specified countries met the requirements of s.13(1) ATIA.
  5. 5Whether mention of a conference met the requirements of s.13(1) ATIA.
  6. 6Whether the title of a British Joint Intelligence Committee Draft Paper met the requirements of s.13(1) ATIA.
  7. 7Whether PCO reasonably exercised discretion under s.13(2) ATIA for the title of a British Joint Intelligence Committee Draft Paper.
  8. 8Whether information on pages 212 and 215 met the requirements of s.13(1) ATIA.
  9. 9Whether the title of a British Joint Intelligence Committee Draft Paper met the requirements of s.15(1) ATIA.
  10. 10Whether information regarding the visits of Intelligence Community members from other countries met the requirements of s.15(1) ATIA.
  11. 11Whether information concerning the Tripartite Alert Circuit met the requirements of s.15(1) ATIA.
  12. 12Whether the titles of liaison officers from other countries met the requirements of s.15(1) ATIA.
  13. 13Whether discussion of the Special Research Bureau (SRB) Program Forecast met the requirements of s.15(1) ATIA.
  14. 14Whether information regarding other countries (activities, bi-national relationships, threats, UK JIC) met the requirements of s.15(1) ATIA.
  15. 15Whether reference to a Joint Intelligence Report met the requirements of s.15(1) ATIA.
  16. 16Whether remarks concerning an individual from a foreign country met the requirements of s.15(1) ATIA.
  17. 17Whether mention of a conference met the requirements of s.15(1) ATIA.
  18. 18Whether PCO improperly withheld information under s.16(1)(a) ATIA.
  19. 19Whether PCO improperly withheld information under s.16(1)(b) ATIA.
  20. 20Whether PCO improperly withheld information under s.16(1)(c) ATIA.
  21. 21Whether PCO improperly withheld information under s.19(1) ATIA.
Outcome breakdownFavours: Applicant / complainant
  • s.13(1) federal-provincial affairs: Exemption not upheld for most records
  • s.15(1) international affairs: Exemption not upheld for most records
  • s.13(2) discretion: Discretion not reasonably exercised for one record
  • Disclosure of records: Numerous pages ordered disclosed
  • Complaint outcome: Complaint well-founded
Outcome

Complaint well founded — disclosure ordered

Reasoning

The Commissioner found that PCO failed to meet the burden of proof for most claimed exemptions under s.13(1) and s.15(1), often due to a lack of evidence for confidentiality or a reasonable expectation of harm, and the public availability of similar historical information. For one instance where s.13(1) applied, PCO did not properly exercise discretion under s.13(2). PCO also conceded that other exemptions (s.16(1)(a), (b), (c), s.19(1)) were improperly applied.

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Decision notes
Recommended action / remedy

The Commissioner ordered PCO to disclose pages 56, 61, 66, 72, 77, 80, 121, 123, 168, 170, 206, 208, 209, 212, 214, 233, 250, 289, 291, 309, 310, 313, 344, 345, 347, and 349 in their entirety, to re-exercise discretion under subsection 13(2) for information on pages 41, 45, and 351, and to provide a new response within 36 business days.

Statutes considered
  • s.13(1) ATIA
  • s.13(2) ATIA
  • s.15(1) ATIA
  • s.16(1)(a) ATIA
  • s.16(1)(b) ATIA
  • s.16(1)(c) ATIA
  • s.19(1) ATIA
  • s.30(1)(a) ATIA
  • s.36.1 ATIA
  • s.43 ATIA

This summary is for informational purposes only and not legal advice.

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