Federal (Canada) privacy & access decisions

The complainant alleged that Trans Mountain Corporation (TMC) improperly withheld records related to the initial application and approval of the Trans Mountain Pipeline in the early 1950s. TMC initially claimed numerous exemptions under the Access to Information Act, including sections 16(2), 17, 18(a), (b), (d), 19(1), and 20(1)(a), (b), (c), (d). During the investigation, the complainant narrowed the scope, excluding technical information and information withheld under section 19(1). The Commissioner found that TMC failed to identify specific information withheld or establish how any of the remaining claimed exemptions applied, particularly noting that the 70-year-old records did not meet the criteria for section 17 (safety of individuals). TMC also failed to justify its refusal to provide a copy of the records under subsection 8(1) of the Regulations, as it did not demonstrate that reproduction would unreasonably interfere with operations or that the records' form prevented reproduction. The Commissioner ordered TMC to disclose all the information and provide a copy to the complainant. TMC agreed to implement the order.

• Whether s.18(a) ATIA (government trade secrets, financial, commercial, scientific or technical information) applied
• Whether s.18(b) ATIA (competitive position of government institutions, negotiations by government institutions) applied
• Whether s.18(d) ATIA (government financial interests, ability to manage the economy, undue benefit) applied
• Whether s.20(1)(a) ATIA (third-party trade secrets) applied
• Whether s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information) applied
• Whether s.20(1)(c) ATIA (financial impact on a third-party) applied
• Whether s.20(1)(d) ATIA (negotiations by a third-party) applied
• Whether s.16(2) ATIA (facilitating the commission of an offence) applied
• Whether s.17 ATIA (safety of individuals) applied
• Whether TMC established that disclosure could threaten the safety of an individual under s.17 ATIA
• Whether TMC established that the records were so lengthy that reproduction would unreasonably interfere with operations under s.8(1)(a) of the Regulations
• Whether TMC established that the records were in a form that does not readily lend itself to reproduction under s.8(1)(b) of the Regulations
• Whether TMC was justified in refusing to provide a copy of the records rather than an opportunity to examine them

The complainant alleged that the Privy Council Office (PCO) failed to respond to an access request within the extended timeframe, constituting a deemed refusal under the Access to Information Act. The request sought all IAC assessments concerning Russia and former Soviet Union countries from 1992. The Information Commissioner found that PCO's delay was unacceptable, noting that it took over a year to initiate consultations with other government departments. Furthermore, the Commissioner deemed PCO's proposed three-month internal consultation period following the receipt of external consultation responses as unjustified and unreasonable. Consequently, the Commissioner ordered PCO to provide a complete response within 60 business days and recommended a review of PCO's internal consultation and approval processes. PCO confirmed it would implement the order.

• Whether the institution responded within the extended time limits under subsection 9(1) of the Access to Information Act
• Whether the institution's processing delay was acceptable
• Whether the institution's estimated response date was reasonable
• Whether the institution's internal consultation and approval processes were efficient