Federal (Canada) privacy & access decisions

The Office of the Information Commissioner (OIC) received nine complaints regarding Global Affairs Canada's (GAC) failure to respond to nine access requests within the statutory deadlines or taking unreasonable time extensions. GAC cited the COVID-19 pandemic as a significant factor impacting its ability to process these requests. Despite the challenges, GAC committed to providing a final response for all nine files by October 15, 2021. The Commissioner found all nine complaints to be well founded, indicating that GAC improperly delayed access to the requested information. This decision highlights the institution's obligation to meet timelines under the Access to Information Act, even when facing operational difficulties.

• Whether Global Affairs Canada failed to respond to access requests within the statutory deadlines
• Whether Global Affairs Canada took unreasonable time extensions for access requests

The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld information under paragraph 16(1)(a) of the Access to Information Act. The requested information pertained to a complaint investigated by the RCMP. The OIC's investigation determined that the withheld information was obtained by the RCMP, an investigative body specified in the regulations, during a lawful investigation related to the detection, prevention, or suppression of crime. Furthermore, the information was created less than twenty years before the request. The OIC also found that the RCMP reasonably exercised its discretion by considering relevant factors for and against disclosure, including the purpose of the Act and the private interests of other individuals. Consequently, the OIC concluded that the information met the requirements for exemption under paragraph 16(1)(a) and that the institution's decision to withhold it was appropriate.

• Whether the information was obtained or prepared by an investigative body listed in Schedule I of the Access to Information Regulations
• Whether the information was obtained or prepared during a lawful investigation within the authority of the investigative body
• Whether the investigation concerned the detection, prevention, or suppression of crime, enforcement of law, or threats to security of Canada
• Whether the information was created less than 20 years before the access request
• Whether the institution reasonably exercised its discretion to decide whether to release the information under s.16(1)(a)

The complainant alleged that the Canada Revenue Agency (CRA) improperly withheld information under subsection 24(1) of the Access to Information Act. The request sought income-related information regarding business ownership for a specific individual. The CRA claimed that the information was exempt from disclosure because section 241 of the Income Tax Act (ITA) restricts its release. The Office of the Information Commissioner (OIC) found that the requested information constituted "taxpayer information" as defined in subsection 241(10) of the ITA, meaning it related to an identifiable taxpayer (not the complainant) and was obtained by the CRA for administering the ITA. Consequently, the OIC concluded that the information met the requirements for exemption under subsection 24(1) of the ATIA. The complaint was therefore deemed not well founded.

• Whether the requested information falls under the definition of "taxpayer information" in subsection 241(10) of the Income Tax Act
• Whether section 241 of the Income Tax Act restricts the disclosure of the requested information
• Whether subsection 24(1) of the Access to Information Act applies to exempt the information from disclosure

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