Federal (Canada) Privacy Decisions

The complainant alleged that Innovation, Science and Economic Development Canada (ISED) improperly withheld Total Repayment figures related to the Technology Partnerships Canada (TPC) program, citing exemptions concerning financial impact on third parties (s. 20(1)(c)) and other provisions. The scope was narrowed to 21 third parties. The Information Commissioner found that neither ISED nor the third parties provided sufficient evidence to meet the requirements for these exemptions. Consequently, the Commissioner ordered ISED to disclose all the withheld information.

• Whether the Total Repayments figures meet the criteria for exemption under paragraph 20(1)(b) (confidential third-party information).
• Whether the Total Repayments figures meet the criteria for exemption under paragraph 20(1)(c) (financial impact on a third party).
• Whether the Total Repayments figures meet the criteria for exemption under paragraph 20(1)(d) (interference with third-party negotiations).
• The burden of proof on the institution and third parties to demonstrate that exemptions apply.

An institution applied to the Information Commissioner for permission to ignore two access requests, claiming they were vexatious and an abuse of the access to information process. The institution also argued it had fulfilled its duty to assist the requester. The Commissioner found the institution failed in its duty to assist and did not prove the requests were vexatious or an abuse of the process. Consequently, the Commissioner denied the institution's applications, requiring it to process the requests.

• Whether the access requests were vexatious
• Whether the access requests constituted an abuse of the right to access information
• Whether the institution fulfilled its duty to assist the requester

The complainant alleged that Shared Services Canada (SSC) wrongfully refused to process an access request for records related to informal official language complaints. SSC argued that the request, even after narrowing its scope, did not meet the requirements of section 6 of the Access to Information Act because it would require tasking too many employees and would impose an unreasonable administrative burden. The Information Commissioner disagreed, finding the request sufficiently detailed and ordering SSC to process it.

• Whether the access request provided sufficient detail to enable an experienced employee to identify records with reasonable effort.
• Whether administrative burden on an institution is a valid reason to refuse processing a request.
• Whether the scope of the request necessitated tasking all employees of the department.
• Whether section 6.1 of the Act was the appropriate process to address claims of vexatious requests.

The complainant alleged that Public Services and Procurement Canada (PSPC) failed to provide records regarding a specific contract. PSPC stated they could not identify relevant records, claiming they were not in their possession. The Information Commissioner found that while the records (a subcontract and related documents) were not in PSPC's physical possession, they were under PSPC's control for the purposes of the Access to Information Act. Therefore, PSPC should have retrieved and processed these records.

• Whether records held by a third-party contractor are under the control of a federal institution.
• Whether the institution conducted a reasonable search for the requested records.
• The interpretation of the 'under the control' clause in the Access to Information Act.

The complainant alleged that Innovation, Science and Economic Development Canada (ISED) improperly withheld job creation estimates under paragraph 20(1)(c) of the Access to Information Act. The scope was narrowed to 11 third parties. Only one third party, Toyota, provided representations to support the exemption. The Information Commissioner found that neither ISED nor Toyota sufficiently demonstrated that disclosure would cause material financial harm or prejudice competitive position. The Commissioner recommended disclosure of all information, but ISED stated it would continue to withhold certain information related to Toyota.

• Application of paragraph 20(1)(c) (financial impact on a third party)
• Sufficiency of representations from third parties
• Reasonable expectation of harm
• Necessity of an explanatory note

The Information Commissioner initiated a systemic investigation into Library and Archives Canada (LAC) due to consistently delayed responses to access requests over several years. The investigation found that nearly 80% of requests completed by LAC during the period under review did not meet the timeframes stipulated by the Access to Information Act. The Commissioner made ten recommendations to the Minister of Canadian Heritage, and subsequently tabled a special report in Parliament highlighting issues at LAC and broader challenges within the access to information system.

• Timeliness of access to information requests
• Consultation processes between institutions
• Lack of a government-wide declassification framework

The complainant alleged that the Vancouver Fraser Port Authority (VFPA) improperly withheld records related to $103 million in funding from the National Trade Corridors Fund. The VFPA cited exemptions related to government interests, negotiations, and confidential third-party information. The Information Commissioner found that the VFPA failed to demonstrate that all withheld information met the requirements for exemptions under paragraphs 18(b) and 18(d). Furthermore, the VFPA and the third party, Canadian National Railway, did not demonstrate that the exemptions under paragraphs 20(1)(b) and 20(1)(d) were met. The Commissioner ordered the disclosure of all information withheld under paragraphs 20(1)(b) and 20(1)(d), and specific information withheld under paragraphs 18(b) and 18(d). The VFPA agreed to implement the order.

• Whether the Vancouver Fraser Port Authority properly applied exemptions under paragraphs 18(b), 18(d), 20(1)(b), and 20(1)(d) of the Access to Information Act.
• Whether the Vancouver Fraser Port Authority discharged its burden to demonstrate that the withheld information met the requirements of the cited exemptions.
• Whether the third party, Canadian National Railway, met the requirements for the application of exemptions under paragraphs 20(1)(b) and 20(1)(d).
• Whether the Vancouver Fraser Port Authority reasonably exercised its discretion in withholding information.

The complainant alleged that the Department of Justice Canada (Justice) took an unreasonable 2,280 days to respond to an access request. Justice claimed an extension under paragraphs 9(1)(a) and 9(1)(b) of the Access to Information Act due to the large volume and complexity of records and the need for consultations. The Information Commissioner found that while the volume of records and the need for consultations were valid reasons for an extension, Justice failed to sufficiently justify the length of the extension claimed under paragraph 9(1)(a). Therefore, the complaint was found to be well-founded, and the Commissioner ordered Justice to provide a final response forthwith.

• Reasonableness of time extension claimed due to volume of records (s. 9(1)(a) ATIA)
• Reasonableness of time extension claimed for consultations (s. 9(1)(b) ATIA)
• Justification for the duration of specific processing steps
• Failure to demonstrate the reasonableness of the claimed extension period