5822-06512 — Public Safety Canada
The complainant alleged that Public Safety Canada improperly withheld information related to user agreements for the national public alerting system, citing personal information and third-party emergency management plans. During the investigation, the complainant withdrew the need to investigate the personal information aspect. The Commissioner found that the agreements did not meet the criteria for third-party emergency management plans because they constituted negotiated terms rather than information supplied by a third party. The Commissioner also found that the institution's invocation of the exemption for facilitating an offence was not justified.
- Whether the information was 'supplied...by a third party' for the purposes of paragraph 20(1)(b.1) of the ATIA.
- Whether the information meets the criteria for third-party emergency management plans under paragraph 20(1)(b.1) of the ATIA.
- Whether the disclosure of a DocuSign envelope identification number could reasonably be expected to facilitate the commission of an offence under subsection 16(2) of the ATIA.
Complaint well founded — disclosure ordered
The Commissioner found that the information in the user agreements did not meet the requirements of paragraph 20(1)(b.1) of the ATIA because it consisted of negotiated terms and was not information supplied by a third party. The Commissioner also found that the invocation of subsection 16(2) of the ATIA was not justified. Therefore, the Commissioner ordered the disclosure of the records.
AI-generated summary for reference only. Always verify against the official decision ↗
The Minister of Public Safety and Emergency Preparedness was ordered to disclose the records at issue in their entirety, other than the information withheld under subsection 19(1).
- s.19(1) ATIA
- s.20(1)(b.1) ATIA
- s.16(2) ATIA
- s.30(1)(a) ATIA
This is an informational summary and not legal advice.