Federal (Canada) privacy & access decisions

The complainant alleged that Library and Archives Canada (LAC) improperly withheld information from the "Rodal report" under several exemptions. Initially, LAC withheld information under sections 13(1), 15(1), 16(1)(c), and 23 of the Access to Information Act. During the investigation, LAC released most of the information, abandoning reliance on sections 16(1)(c) and 23. The OIC found that LAC could not initially demonstrate that the remaining withheld information met the requirements of section 13(1). However, the OIC was satisfied that LAC properly withheld information under section 15(1) after reasonable exercise of discretion, and that the information met the requirements of section 13(1). The complaint was found to be well-founded because LAC improperly withheld information initially.

• Whether information was properly withheld under section 13(1) (confidential information from government bodies).
• Whether information was properly withheld under section 15(1) (international affairs, defence).
• Whether LAC properly exercised its discretion in withholding information.
• Whether LAC properly ceased reliance on sections 16(1)(c) and 23.

The complainant alleged that Health Canada improperly withheld records related to Tetra Tech under exemptions related to confidential third-party information and accounts of deliberations. The Information Commissioner found that Health Canada failed to demonstrate that certain withheld information met the requirements for exemption under paragraph 20(1)(b) because it was publicly available, not supplied by the third party, or not objectively confidential. However, the Commissioner found that Health Canada properly exercised its discretion in withholding information under paragraph 21(1)(b). The complaint was found to be well-founded regarding the paragraph 20(1)(b) exemptions.

• Confidentiality of third-party information (s. 20(1)(b) ATIA)
• Financial impact on a third party (s. 20(1)(c) ATIA)
• Accounts of consultations or deliberations (s. 21(1)(b) ATIA)
• Reasonableness of discretion in withholding information

The complainant alleged that the Impact Assessment Agency of Canada (IAAC) improperly withheld information related to the Ksi Lisims LNG project under exemptions concerning confidential third-party information, financial impact, and negotiations. The complainant narrowed the complaint to specific pages, and the IAAC eventually agreed to disclose some information or could not justify withholding it under certain exemptions. The Commissioner found the complaint well-founded regarding information on pages 62, 63, 65, and 73, ordering their disclosure. The Commissioner also ordered the IAAC to re-evaluate the decision to withhold information on page 67 under discretionary grounds.

• Confidential third-party information (s. 20(1)(b) ATIA)
• Financial impact on a third party (s. 20(1)(c) ATIA)
• Interference with third-party negotiations (s. 20(1)(d) ATIA)
• Reasonable exercise of discretion under s. 20(6) ATIA

The complainant alleged that Shared Services Canada (SSC) took an unreasonable amount of time to respond to an access request for records related to solicitation documents. The Information Commissioner found SSC's benchmark for processing records and its inclusion of anticipated delays from new ATIP Express software to be unreasonable. While acknowledging SSC's difficulties with the software, the Commissioner stressed that it should not impede access rights. The Commissioner found the extension to be unreasonable and ordered interim releases and a complete response by September 30, 2025.

• Reasonableness of extension of time to respond to access request under s. 9(1)(a) ATIA
• Impact of new ATIP software on processing times and access rights
• Application of s. 10(3) ATIA (deemed refusal)

The complainant alleged that the Privy Council Office (PCO) did not conduct a reasonable search for records concerning minutes of the Joint Intelligence Committee between November 1, 1957, and December 31, 1958. The Information Commissioner found that PCO's initial search was not reasonable. PCO conducted a new search during the investigation and found additional records. The Commissioner ordered PCO to complete the retrieval and processing of all responsive records and provide a supplementary response by November 22, 2024. PCO has indicated it will implement the order.

• Reasonableness of the search conducted by the institution
• Completion of record retrieval and processing