Federal (Canada) privacy & access decisions

The complainant alleged that Health Canada failed to conduct a reasonable search for records in response to two access requests concerning personal or designated producers and users of medical cannabis. Health Canada provided records from one database but argued that retrieving additional potentially relevant information from a second database would be unreasonable due to the extensive manual labour required. The Office of the Information Commissioner (OIC) agreed with Health Canada's position. The OIC found that the institution's search was reasonable, considering the burden of retrieving records from the second database. Consequently, the complaint was not well-founded.

• Whether Health Canada conducted a reasonable search for records under s.4 of the ATIA

The complainant alleged that Transport Canada improperly withheld annual statistics related to processing access to information and privacy requests, citing section 26 of the Access to Information Act. Transport Canada argued that the information was intended for future publication. The Office of the Information Commissioner (OIC) investigated whether the institution met the criteria for applying section 26 and properly exercised its discretion. The OIC found that Transport Canada had satisfied the requirements for section 26 and had considered all relevant factors for and against disclosure. Consequently, the OIC concluded that the institution's decision to withhold the records was appropriate.

• Whether s.26 ATIA (information to be published) was properly applied
• Whether Transport Canada appropriately exercised its discretion under s.26 ATIA

An applicant complained that Health Canada failed to identify all records responsive to an access request and improperly refused to provide an index of all responsive records. The investigation by the Office of the Information Commissioner (OIC) found that Health Canada had conducted a reasonable search for records and there was no evidence that any records were missing. The OIC also determined that Health Canada's refusal to create an index of records did not violate its duty to assist obligations under subsection 4(2.1) of the Access to Information Act. The Commissioner concluded that creating such an index for this specific request would have been unreasonable. Therefore, the complaint was deemed not well-founded.

• Whether Health Canada conducted a reasonable search for responsive records
• Whether Health Canada's refusal to provide an index of responsive records contravened its duty to assist under subsection 4(2.1) ATIA
• Whether creating an index of records for this request would have been unreasonable

The complainant alleged that National Defence (DND) failed to respond to an access to information request within the statutory time limits. DND argued that the request did not meet the requirements of section 6 of the Access to Information Act, which stipulates that a request must be for a record under the control of a government institution. The OIC investigated whether DND's decision not to process the request was justified. The Commissioner found that DND had made numerous attempts to clarify the request with the applicant, but the applicant did not provide the necessary clarification to enable DND to identify the records sought. Consequently, the Commissioner concluded that DND was not obligated to process a request that did not adequately describe the records. The complaint was therefore deemed not well-founded.

• Whether the access request met the requirements of section 6 of the Access to Information Act
• Whether National Defence was justified in not processing the request due to lack of clarity
• Whether National Defence failed to respond within the statutory time limits