Federal (Canada) Privacy Decisions

The complainant alleged that the Canada Border Services Agency (CBSA) did not conduct a reasonable search for records related to companies that worked on the ArriveCAN application. Specifically, the complainant questioned the absence of text messages in the provided records. The OIC investigated CBSA's search process and policies regarding text message management. The Information Commissioner concluded that CBSA's search was reasonable, as text messages are often considered transitory and are not retained if business value is captured in other formats, aligning with Treasury Board Secretariat guidance. Therefore, the complaint was found not to be well founded.

• Reasonableness of the search conducted by the CBSA
• Whether text messages related to the ArriveCAN application were properly searched for and provided
• CBSA's policies and practices regarding the management of transitory records, including text messages

The complainant alleged that Health Canada failed to respond to an access request within the 30-day period. The request concerned records referenced in a Regulatory Impact Analysis Statement. Despite Health Canada receiving over 20,000 pages of responsive records and needing to conduct consultations, the Information Commissioner found their proposed response date of July 17, 2030, to be unreasonable given the significant delays already incurred. The Commissioner ordered Health Canada to provide a complete response by April 7, 2026.

• Timeliness of response to access request
• Reasonableness of proposed response date
• Impact of record volume and consultations on processing time
• Definition of a complete response

The complainant alleged that National Defence (DND) improperly withheld information under the Access to Information Act's personal information exemption and failed to conduct a reasonable search. DND conceded it had not always properly applied the exemption and provided supplementary disclosure. The Information Commissioner found that while the remaining withheld information met the exemption criteria, DND's initial search was not reasonable as it failed to pursue all avenues to locate responsive records, including those lost due to poor information management practices. The Commissioner recommended improved training on information management.

• Proper application of the personal information exemption (section 19(1) ATIA)
• Reasonableness of the search conducted by the institution
• Adequacy of information management practices
• Burden of proof for withholding information

The complainant alleged that Environment and Climate Change Canada (ECCC) failed to respond to an access request within the legislated time limits, even after an extension. The request was for records concerning meetings and lobbying efforts by the Pathways Alliance Inc. The investigation found that ECCC did not provide a response by the extended deadline due to significant delays by internal offices in retrieving records. The Commissioner ordered ECCC to provide a response by a specific date and recommended improvements to internal processes for timely record retrieval.

• Failure to respond to an access request within the extended period.
• Delays in retrieving responsive records from internal program areas.
• Need for improved processes and accountability for timely record retrieval within the institution.

The complainant alleged that National Defence failed to respond to an access request within the 30-day period required by the Access to Information Act. The request concerned documents related to Operation Safe Haven. The Information Commissioner found that National Defence did not meet its obligation to respond within the timeframe, deeming access refused. The Commissioner specifically cited unacceptable delays by the Canadian Forces Intelligence Command in retrieving records. An order was issued for National Defence to provide a complete response within 60 business days, along with recommendations for improving internal processes and accountability for timely record retrieval.

• Failure to respond within the statutory 30-day period
• Unacceptable delay in retrieving records from an Office of Primary Interest (CFINTCOM)
• Deemed refusal of access under subsection 10(3) of the ATIA
• Need for improved internal processes and accountability for timely record provision