Federal (Canada) privacy & access decisions

The complainant alleged that the Canada School of Public Service (CSPS) failed to conduct a reasonable search for emails of a specified senior executive, improperly considered the requester's identity, and intentionally deleted records. The OIC's investigation found that CSPS did not conduct a reasonable search, as evidenced by delays in initiating the search, the deletion of the executive's email account, and the subsequent discovery of additional records after OIC intervention. The Commissioner concluded that CSPS mishandled the request, including keeping it on hold without lawful authority and failing to retain responsive records. However, the OIC found no evidence of an intent to deny access or that the requester's identity influenced processing. The complaint was found to be well founded regarding the unreasonable search.

• Whether the institution conducted a reasonable search for records
• Whether the institution intentionally deleted records with intent to deny access (s.67.1 ATIA)
• Whether the institution processed the request with regard to the identity of the requester

The complainant alleged that the Immigration and Refugee Board of Canada (IRB) took an unreasonable extension of time to respond to an access request for records related to an updated 'Weighing Evidence' document. The IRB claimed a 1,295-day extension under paragraph 9(1)(a) of the Access to Information Act, which would have delayed the response until March 31, 2025. While the Commissioner accepted that the request involved a large volume of records and that responding within 30 days would interfere with operations, she found the length of the extension unreasonable. The IRB's calculation of timeframes for review, particularly the 160 weeks for an analyst and the sequential review process, was not justified given the institution's ATIP resources and the nature of the records. Consequently, the Commissioner found the extension invalid, deeming the IRB to have refused access. The complaint was well founded, and the Commissioner ordered the IRB to process the records by April 18, 2023.

• Whether the institution properly notified the complainant of the extension of time
• Whether the request was for a large volume of records or necessitated a search through a large volume of records
• Whether responding to the request within 30 days would unreasonably interfere with the institution's operations
• Whether the length of the time extension claimed under paragraph 9(1)(a) was reasonable
• Whether the 160-week timeframe for an analyst's preliminary review was justified
• Whether the 10 weeks for ATI Management's review and 10 weeks for final approval were justified
• Whether the 3 additional weeks for miscellaneous delays were justified
• Whether the institution established why processing steps must be taken sequentially without overlap
• Whether the institution was deemed to have refused access under subsection 10(3) due to an invalid extension

The complainant alleged that Library and Archives Canada (LAC) improperly withheld information under subsection 15(1) of the Access to Information Act, concerning historical documents related to the defence of the Arctic region. LAC initially made a partial disclosure and later a supplementary disclosure during the investigation, but continued to withhold the majority of the information, citing national security implications. The OIC found that LAC failed to demonstrate how the release of the information, much of which was historical, publicly available, or related to cancelled programs and defunct entities (like the USSR), would reasonably be expected to harm national security or defence. The Commissioner concluded that LAC did not meet the requirements of the exemption, as the alleged harm was not probable but merely a possibility. The complaint was found to be well founded, and LAC agreed to disclose the records in their entirety.

• Whether the disclosure of historical documents regarding Arctic defence could reasonably be expected to harm national security or defence under s.15(1) ATIA
• Whether the institution demonstrated a reasonable expectation of harm, beyond a mere possibility
• Whether the public availability of similar information negated the harm claim
• Whether the historical nature of the information (e.g., cancelled programs, defunct states) impacted the harm claim
• Whether the institution reasonably exercised its discretion to withhold the information

The complainant alleged that the Office of the Auditor General of Canada (OAG) improperly determined that witness statements and documentation supporting a harassment investigation final report were not under its control, thus denying access. The OIC investigated whether the records, though not in the OAG's physical possession, were under its control according to the Supreme Court's interpretation of the Access to Information Act. The OIC considered several factors, including whether the records related to an institutional matter, if the OAG had a legally enforceable right to access them, and if communication of their content required OAG authorization. The OIC found that the records were indeed under the OAG's control. Consequently, the OAG retrieved and processed the records, issuing an interim release to the complainant, who expressed satisfaction. The complaint was found to be well founded.

• Whether records not in physical possession of the institution are under its control
• Whether the records relate to an institutional matter
• Whether the institution has a legally enforceable right of access to the records
• Whether the communication of the content of the records requires the authorization of an officer or employee of an institution
• Whether the institution relied on the records when preparing other government records
• Whether a senior official of the institution should reasonably expect to obtain a copy of the records upon request