Federal (Canada) Privacy Decisions

The complainant requested specific case information from the Department of Justice Canada (Justice), concerning cases filed with the Tax Court of Canada related to section 245 of the Income Tax Act. Justice withheld the records, citing solicitor-client and litigation privilege under section 23 of the Access to Information Act. The Information Commissioner found that Justice failed to establish that the identification of the responsive records hinged on privileged information and recommended full disclosure. Justice declined to implement the recommendation.

• Application of section 23 (solicitor-client and litigation privilege)
• Whether the identification of responsive records required privileged information
• Whether the information in the iCase database was subject to privilege
• Whether disclosed pleadings would indirectly reveal privileged information

The complainant alleged that the Treasury Board of Canada Secretariat (TBS), in its role as administrator of the federal access to information system, failed to provide adequate support to government institutions during the COVID-19 pandemic. This, the complainant argued, impeded the right of access to government information. The investigation found that TBS engaged in reminding institutions of their obligations, clarified responsibilities, and addressed misinterpretations. Given TBS's limited authority over institutions' day-to-day operations, the Commissioner concluded that the support provided was adequate, and the complaint was not well-founded.

• Adequacy of TBS support to government institutions during the COVID-19 pandemic.
• Impact of TBS support on the right of access to government information.
• Whether TBS's actions were contrary to the principles of openness and transparency.

The complainant alleged that Immigration, Refugees and Citizenship Canada (IRCC) improperly withheld Fee Analysis Reports and fee monitoring dashboards under paragraph 21(1)(a) (advice or recommendations) and section 23 (legal advice and litigation privilege) of the Access to Information Act. The OIC found that the records were primarily factual and did not meet the requirements for either exemption. Although the OIC intended to order the release of the records, IRCC released them voluntarily before the order was issued.

• Whether the Fee Analysis Reports and fee monitoring dashboards constitute 'advice or recommendations' under paragraph 21(1)(a) of the ATIA.
• Whether the records were prepared for the dominant purpose of litigation, as required for exemption under section 23 of the ATIA.
• Whether IRCC's search for records was complete.

The complainant requested a contract between Correctional Service Canada (CSC) and a third party, Presidia Security Consulting Inc. The complainant alleged that CSC improperly withheld information under sections 19(1) (personal information) and 20(1)(b), 20(1)(c) (third-party commercial information and financial impact), and 21(1)(a) (advice) of the Access to Information Act. The Information Commissioner found that while some information was properly withheld under section 19(1), other information was improperly withheld under section 20. Consequently, the Commissioner ordered CSC to release the specific information previously withheld under section 20.

• Whether information was properly withheld under subsection 19(1) of the ATIA (personal information).
• Whether information was properly withheld under paragraphs 20(1)(b) and 20(1)(c) of the ATIA (third-party commercial information and financial impact).
• Whether paragraph 21(1)(a) of the ATIA (advice or recommendations) was properly applied.
• Whether the institution properly exercised its discretion in withholding information.

The complainant alleged that Transport Canada's 510-day extension to respond to an access request was unreasonable. The request concerned records on new testing and quarantine measures for non-essential international air travel. Transport Canada argued the extension was needed due to the large volume of records, the complexity of searches, necessary consultations with other government bodies, and third-party representations. The Commissioner found that the institution adequately demonstrated the necessity and reasonableness of the time extensions under paragraphs 9(1)(a), 9(1)(b), and 9(1)(c) of the Act.

• Reasonableness of time extension under paragraph 9(1)(a) due to volume of records
• Reasonableness of time extension under paragraph 9(1)(b) due to consultations
• Reasonableness of time extension under paragraph 9(1)(c) due to third-party consultations
• Proper notification of time extension

The complainant alleged that Library and Archives Canada (LAC) improperly withheld information under subsection 15(1) (national security) and subsection 19(1) (personal information) of the Access to Information Act. The request was for information concerning Soviet Bloc deception practices. LAC initially withheld the entire record but later released some information, continuing to withhold portions under subsection 15(1). The Information Commissioner found that LAC failed to demonstrate that the withheld information met the requirements of the exemption, noting that much of the subject matter was already in the public domain. The Commissioner recommended full disclosure, but LAC stated it would not implement the recommendation.

• Application of subsection 15(1) (national security) exemption
• Availability of information in the public domain
• LAC's failure to demonstrate potential harm from disclosure

The complainant alleged that Library and Archives Canada (LAC) improperly withheld information regarding a 1989 RCMP Security Service briefing on Hugh George Hambleton, citing national security exemptions. The Information Commissioner found that much of the information was already in the public domain, including details of Hambleton's espionage activities and parliamentary discussions. LAC failed to prove that disclosing the remaining information would reasonably be expected to cause harm, making the complaint well-founded.

• Whether the withheld information met the criteria for the national security exemption under subsection 15(1) of the ATIA.
• Whether the institution met its burden of proof to demonstrate potential harm from disclosure.
• The impact of publicly available information on the claim of a national security exemption.

The complainant alleged that National Defence (DND) failed to conduct a complete search for the Official Radio Log Book of the HMCS Shawinigan. DND tasked the Royal Canadian Navy (RCN) with retrieving the records, but the RCN reported them as lost. Despite a "Summary Investigation" by DND, the circumstances of the loss could not be determined. Ultimately, the Information Commissioner found that DND conducted reasonable searches and could not conclude that responsive records could reasonably be found, rendering the complaint not well founded.

• Reasonableness of the search conducted by National Defence
• Determination of the loss of records
• Impact of records management deficiencies on the right of access

The complainant alleged that the Canadian Security Intelligence Service (CSIS) failed to respond to an access request within the statutory time limits. CSIS initially claimed a 240-day time extension, which the OIC found to be valid. However, CSIS ultimately failed to respond by the extended deadline, leading to the complainant filing a second complaint. The OIC found the complaint to be well-founded due to CSIS's prolonged delay and failure to provide adequate explanations.

• Failure to respond within statutory time limits
• Validity of claimed time extension
• Deemed refusal of access under subsection 10(3)
• Adequacy of reasons for delay

The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld GPS coordinates of an RCMP vehicle and records of payments. The investigation focused on the GPS coordinates, which the RCMP claimed were exempt under paragraph 16(1)(c) and subsection 16(2) of the Access to Information Act. The Information Commissioner found that the RCMP failed to demonstrate that disclosing the 30-minute GPS data from four years prior met the exemption criteria or that its discretion to withhold was reasonably exercised. Consequently, the complaint was found to be well founded.

• Applicability of paragraph 16(1)(c) to GPS coordinates
• Applicability of subsection 16(2) to GPS coordinates
• Reasonableness of discretion to withhold information
• Timeliness and specificity of the withheld information

The complainant alleged that Public Services and Procurement Canada (PSPC) failed to respond to two access requests within the statutory deadlines. The requests were for records related to CORCAN's Prison Farm program. PSPC claimed significant extensions and ultimately missed the extended deadlines, leading to a "deemed refusal". The OIC found the complaints well founded due to the unreasonable delay.

• Failure to respond within statutory deadlines
• Deemed refusal under subsection 10(3) of the ATIA
• Unreasonable delay in processing access requests
• Impact of COVID-19 on processing times

The complainant alleged that Immigration, Refugees and Citizenship Canada (IRCC) improperly withheld information under paragraph 16(2)(c) of the Act, claiming disclosure could facilitate the commission of an offence. IRCC redacted information from the "History" field of 64 immigration application records. After an investigation and multiple attempts by IRCC to justify the exemption, the institution ultimately agreed to release all the information. The OIC found the complaints to be well-founded, concluding that IRCC had not justified withholding the information.

• Improper withholding of information
• Application of paragraph 16(2)(c) (facilitating the commission of an offence)
• Justification for exemption
• Disclosure of information in immigration application records

The complainant alleged that Fisheries and Oceans Canada (DFO) improperly withheld information related to piscine reovirus, heart and skeletal muscle inflammation, and the Creative Salmon Company Ltd. under various sections of the Access to Information Act. The Information Commissioner found that DFO failed to meet the requirements for exemptions related to confidential third-party financial/commercial/scientific/technical information (s. 20(1)(b) and (c)) and government scientific or technical information obtained from research (s. 18(c)). DFO could not demonstrate that the information was confidential, supplied by the third party, or that its disclosure would reasonably harm the third party's financial or competitive position. The Commissioner recommended full disclosure of the information, with the exception of personal information, and DFO agreed to implement these recommendations.

• Whether information was confidential third-party financial, commercial, scientific or technical information (s. 20(1)(b))
• Whether disclosure of information could reasonably be expected to result in substantial financial loss or gain to a third party or be injurious to its competitive position (s. 20(1)(c))
• Whether disclosure of government scientific or technical information obtained from research could reasonably be expected to threaten the exclusive rights of government researchers to publish their findings first (s. 18(c))
• Whether DFO reasonably exercised its discretion to withhold information under s. 20(6) for public health, safety, or environmental protection reasons.