Federal (Canada) privacy & access decisions

The complainant alleged that the Public Health Agency of Canada (PHAC) failed to conduct a reasonable search for records related to the fee schedule or dispersal of payments to provinces and territories under the Budget Implementation Act, 2021. During the investigation, the OIC requested information from PHAC regarding its search parameters and program areas involved. In response, PHAC re-tasked its program areas, which led to the retrieval of approximately 104 additional responsive pages. Although PHAC initially failed to conduct a reasonable search, the subsequent efforts satisfied the Commissioner that a reasonable search had ultimately been performed. The Commissioner ordered PHAC to complete the retrieval and processing of these newly identified records and issue a new response to the complainant within 60 days. PHAC agreed to implement the order.

• Whether the institution conducted a reasonable search for records

The complainant alleged that the National Capital Commission (NCC) improperly withheld information under paragraphs 16(2)(c), 18(d), and subsection 19(1) of the Access to Information Act concerning renovation projects at Rideau Hall. During the investigation, the NCC disclosed some information previously withheld under subsection 19(1), and the application of paragraphs 16(2)(c) and 18(d) was removed from the scope of the complaint. The Commissioner found that the name, title, and contact information of an NCC employee did not meet the requirements for exemption under subsection 19(1) as it fell under an exception for business contact information. For other personal information, the NCC failed to demonstrate that it had reasonably exercised its discretion to disclose publicly available personal information. The Commissioner ordered the NCC to disclose the NCC employee's information and to properly exercise its discretion regarding publicly available personal information. The NCC agreed to implement the order, and the complaint was found to be well founded.

• Whether s.16(2)(c) ATIA (facilitating the commission of an offence) was properly applied
• Whether s.18(d) ATIA (negotiations by government institutions) was properly applied
• Whether s.19(1) ATIA (personal information) was properly applied to the name, title, and contact information of an NCC employee
• Whether the information about an NCC employee is excluded from the definition of personal information under paragraph 3(j) of the Privacy Act
• Whether the NCC reasonably exercised its discretion under s.19(2)(a) ATIA (consent to disclosure)
• Whether the NCC reasonably exercised its discretion under s.19(2)(b) ATIA (publicly available personal information)
• Whether the NCC reasonably exercised its discretion under s.19(2)(c) ATIA (disclosure consistent with s.8 of the Privacy Act)