Canadian privacy & access decisions

The complainant alleged that the Royal Canadian Mounted Police (RCMP) failed to conduct a reasonable search for records in response to an access request. The request sought the total annual amount paid by the RCMP due to sexual harassment/assault from 2009 to 2020. The RCMP disclosed information related to two publicly known class action settlements but stated it could not identify other relevant payments from its general ledger due to confidentiality and the ledger's design, which does not detail the nature of settlement claims. The investigation confirmed that the RCMP's general ledger does not capture the specific nature of settlement payments, making it impossible to identify those related to sexual harassment/assault. Furthermore, the RCMP did not maintain a comprehensive list of such payments, and creating one would require an unreasonable review of thousands of files. The Information Commissioner concluded that the RCMP conducted a reasonable search by disclosing the only information it could reasonably compile.

• Whether the institution conducted a reasonable search for records under the Access to Information Act

The complainant alleged that Health Canada improperly withheld information under paragraphs 20(1)(b) and 20(1)(c) of the Access to Information Act. The request sought two versions of a non-clinical overview of the Novavax SARS CoV-2 rS vaccine. Health Canada applied paragraph 20(1)(b) to withhold the information, arguing it was confidential third-party scientific or technical information. The OIC found that the information met all criteria for exemption under paragraph 20(1)(b), including being scientific/technical, confidential, supplied by a third party, and consistently treated as confidential. The OIC also concluded that the circumstances requiring Health Canada to exercise discretion under subsections 20(5) or 20(6) did not exist, as Novavax did not consent to disclosure and the public interest in disclosure did not clearly outweigh potential harm to Novavax at the time of the decision. Consequently, the complaint was deemed not well founded.

• Whether the information is financial, commercial, scientific or technical under s.20(1)(b) ATIA
• Whether the information is confidential under s.20(1)(b) ATIA
• Whether the information was supplied by a third party under s.20(1)(b) ATIA
• Whether the third party consistently treated the information as confidential under s.20(1)(b) ATIA
• Whether the institution reasonably exercised its discretion to disclose under s.20(5) ATIA
• Whether the institution reasonably exercised its discretion to disclose under s.20(6) ATIA
• Whether s.20(1)(c) ATIA applies to the information

The complainant alleged that Environment and Climate Change Canada (ECCC) improperly excluded real-time and archived weather radar data under paragraph 68(a) of the Access to Information Act, claiming it was material available for purchase. ECCC stated that access to this weather data is provided as a cost-recovered service due to the costs involved in retrieval and preparation. The Commissioner found that the archived weather data was indeed available for purchase through a cost-recovery system, with various pricing tiers depending on the data package and region. Consequently, the Commissioner concluded that the Act does not apply to this information. The complaint was therefore deemed not well founded.

• Whether real-time weather radar data falls within the scope of an access request
• Whether archived weather radar data is material available for purchase under paragraph 68(a) of the Access to Information Act

The complainant alleged that the Canadian Broadcasting Corporation (CBC) improperly withheld information under paragraphs 18(b) and 19(1) of the Access to Information Act. The request sought documents detailing the total remuneration of the 250 highest-paid unionized employees of CBC's French services for two fiscal years. The CBC withheld approximately 25 exact individual salaries per fiscal year, citing paragraph 18(b) related to competitive position. The investigation found that disclosing these specific salaries could reasonably injure the CBC's competitive position in the limited and competitive French broadcasting market, as it could be used in salary negotiations and impact employee retention. The Commissioner concluded that the CBC properly applied paragraph 18(b) and reasonably exercised its discretion by balancing its mandate with the need to manage resources in a competitive market. Given the applicability of paragraph 18(b), the Commissioner did not assess the application of subsection 19(1). The complaint was therefore not well founded.

• Whether s.18(b) ATIA (competitive position) was properly applied to withhold exact individual salaries
• Whether disclosing the information could reasonably be expected to injure the competitive position of the institution
• Whether the institution reasonably exercised its discretion in deciding to withhold the information under s.18(b)
• Whether s.19(1) ATIA (personal information) was properly applied to withhold exact individual salaries

The complainant alleged that the Canada Revenue Agency (CRA) improperly withheld information related to the Canada Emergency Wage Subsidy (CEWS) database for all recipient corporations. The CRA had released a list of company names but withheld the total CEWS amounts received by each company, citing subsections 24(1), 16(1)(c), and 19(1) of the Access to Information Act. The Office of the Information Commissioner (OIC) focused its investigation on subsection 24(1), which mandates refusal of disclosure if restricted by a Schedule II provision. The OIC found that the withheld information constituted "taxpayer information" as defined by section 241 of the Income Tax Act, a Schedule II provision, because it related to identifiable taxpayers and was obtained or prepared by CRA for administering the Income Tax Act. Since subsection 24(1) was found to apply, the OIC did not assess the applicability of subsections 16(1)(c) and 19(1) to the same information. The Commissioner concluded that the information was properly withheld, and the complaint was not well founded.

• Whether the withheld information constitutes "taxpayer information" under section 241 of the Income Tax Act
• Whether section 241 of the Income Tax Act restricts disclosure of the information under subsection 24(1) of the ATIA
• Whether subsection 24(1) ATIA was properly applied to withhold the information
• Whether paragraph 16(1)(c) ATIA applies to the information (not considered)
• Whether subsection 19(1) ATIA applies to the information (not considered)

The complainant alleged that the Public Health Agency of Canada (PHAC) took an unreasonable extension of time to respond to an access request for all correspondence, including emails, MS Teams messages, texts, and phone messages, sent and received by Iain Stewart between June 14 and June 21, 2021. PHAC notified the complainant of a 1,950-day extension under paragraphs 9(1)(a) and 9(1)(b) of the Access to Information Act. The Commissioner found that PHAC demonstrated the request involved a large volume of records (30,000 pages) and that meeting the 30-day deadline would unreasonably interfere with its operations, particularly given its role in the COVID-19 pandemic response and increased ATIP workload. The Commissioner also found that consultations were necessary and could not be completed within 30 days. Despite the lengthy extension, the Commissioner concluded that PHAC's calculation was reasonable given the circumstances, including the complexity of the records and the institution's processing capacity. Therefore, the complaint was not well founded.

• Whether the extension of time under s.9(1)(a) was unreasonable
• Whether the request was for a large number of records or required searching through a large number of records
• Whether meeting the 30-day deadline would unreasonably interfere with the institution’s operations
• Whether the extension of time under s.9(1)(a) was for a reasonable period, given the circumstances
• Whether the extension of time under s.9(1)(b) was unreasonable
• Whether the institution needed to carry out consultations on the requested records
• Whether the consultations could reasonably be completed within 30 days
• Whether the extension of time under s.9(1)(b) was for a reasonable period, given the circumstances
• Whether the time extension was validly claimed

An anonymous complainant alleged that the Treasury Board of Canada Secretariat (TBS), as the administrator of the federal access to information system, failed to provide adequate support to government institutions during the COVID-19 pandemic. The complainant argued that this failure impeded the right of access to government information and was contrary to the principles of openness and transparency. The OIC's investigation reviewed over 5,000 pages of emails and guidance documents from TBS, covering the period from mid-March 2020 to June 22, 2020. The investigation found that TBS actively reminded institutions of their obligations, clarified responsibilities, and addressed misinterpretations. TBS also collected and shared data on institutions' operational capacities and provided tailored support to those facing significant challenges. Given TBS's limited authority over institutions' day-to-day operations, the Commissioner concluded that the support provided was adequate. Therefore, the complaint was not well founded.

• Whether the Treasury Board of Canada Secretariat provided adequate support to government institutions during the COVID-19 pandemic
• Whether the alleged lack of support impeded the right of access to government information
• Whether the alleged lack of support was contrary to the principles of openness and transparency

The complainant alleged that Transport Canada's 510-day time extension to respond to an access request was unreasonable. The request sought records related to the implementation of new testing and quarantine measures for non-essential international air travel. Transport Canada justified the extension under paragraphs 9(1)(a) for a large volume of records, 9(1)(b) for necessary consultations with five other government institutions, and 9(1)(c) for third-party consultations. The Commissioner found that the request involved a large volume of records (over 3,000 pages) and that responding within 30 days would unreasonably interfere with Transport Canada's operations, particularly due to COVID-19 restrictions limiting on-site access to classified documents. The Commissioner also determined that consultations with other government bodies and third parties were necessary and could not be completed within 30 days. The Commissioner concluded that the total 510-day extension was reasonable given the circumstances, including the pandemic's impact on operations and the complexity of consultations. Therefore, the complaint was not well founded.

• Whether the time extension taken by Transport Canada was unreasonable
• Whether the request was for a large number of records or required searching through a large number of records (s.9(1)(a))
• Whether meeting the 30-day deadline would unreasonably interfere with the institution’s operations (s.9(1)(a))
• Whether the extension of time was for a reasonable period, given the circumstances (s.9(1)(a))
• Whether consultations on the requested records were necessary (s.9(1)(b))
• Whether consultations could reasonably be completed within 30 days (s.9(1)(b))
• Whether the extension of time for consultations was for a reasonable period, given the circumstances (s.9(1)(b))
• Whether consultations with third parties were necessary (s.9(1)(c))
• Whether the extension of time for third-party consultations was for a reasonable period, given the circumstances (s.9(1)(c))
• Whether Transport Canada met the requirements to claim an extension of time by notifying the requester within 30 days

The complainant alleged that National Defence (DND) conducted an incomplete search for records related to the Official Radio Log Book of the HMCS Shawinigan for a specific period in 2016. During the investigation, the Office of the Information Commissioner (OIC) found that DND had tasked the Royal Canadian Navy (RCN) to retrieve the records, but the RCN reported them as "lost." DND conducted a Summary Investigation into the disappearance of the log pages, which revealed that the log book had been transferred and used by another vessel, and the relevant pages had been removed. Despite extensive efforts, including interviews with crew members, DND's investigation could not definitively determine when or how the pages went missing. The OIC concluded that DND conducted a reasonable search, tasking appropriate sectors and making reasonable efforts, but the records could not be found. The OIC noted the implications of deficiencies in records management but found no basis to conclude that DND failed its search obligations or that records could reasonably be found.

• Whether National Defence conducted a reasonable search for the requested records