5822-06512 — Public Safety Canada

The complainant alleged that Public Safety Canada improperly withheld information under subsection 19(1) and paragraph 20(1)(b.1) of the Access to Information Act, concerning user agreements for the national public alerting system. During the investigation, the complainant narrowed the scope, no longer requiring investigation into subsection 19(1) or information on pages 1-12. The OIC found that neither Public Safety nor the third party, Pelmorex Communications, could demonstrate that the agreements were "supplied" by the third party, a key requirement for exemptions 20(1)(b.1) and 20(1)(b). Public Safety also invoked subsection 16(2) for a DocuSign ID, but the Commissioner found no reasonable expectation of harm. Consequently, the Commissioner ordered Public Safety to disclose the records in their entirety, excluding information previously withheld under subsection 19(1). Public Safety agreed to implement the order, and the complaint was found to be well founded.