Canadian privacy & access decisions

The complainant alleged that Public Services and Procurement Canada (PSPC) failed to conduct a reasonable search for records related to a contract for decommissioning and demolition services. The request specifically sought various documents, including environmental assessments, meeting minutes, and inventory reports, concerning a subcontract awarded by Brookfield Global Integrated Solutions (BGIS) to Temprano & Young Architects Inc. PSPC initially did not acknowledge control over some records and did not attempt to obtain them from BGIS. The Information Commissioner found that, based on a Supreme Court of Canada precedent, records held by BGIS were under PSPC's control due to the nature of their contractual relationship and PSPC's ability to obtain them. The Commissioner also determined that PSPC's search was unreasonable, as it failed to identify numerous responsive records and did not seek records from BGIS. Consequently, the complaint was found to be well founded, and PSPC was ordered to conduct further searches, including contacting BGIS, and to provide a new response to the complainant.

• Whether records in the physical possession of a third party (BGIS) were under the control of PSPC
• Whether PSPC conducted a reasonable search for records responsive to the access request
• Whether PSPC should have sought records from BGIS

The complainant alleged that Library and Archives Canada (LAC) took an unreasonable extension of time to respond to an access request for Royal Canadian Mounted Police records concerning Communist Party of Canada activity from 1970 to 1984. LAC claimed an 80-day extension under paragraph 9(1)(a) and a 730-day extension under paragraph 9(1)(b) for consultations with the Canadian Security Intelligence Service (CSIS) on 4,985 pages of records. The Commissioner found the 730-day extension unreasonable, noting that LAC failed to demonstrate a serious effort to assess the necessary length of the extension and relied solely on CSIS's two-year estimate. The Commissioner also highlighted that significant disclosures of similar historical records have occurred and that the records are approximately 50 years old, questioning LAC's practice of automatic consultations on all security and intelligence-related records. Since LAC had not responded by the time the 80-day extension expired, the Commissioner concluded that LAC was deemed to have refused access. The Commissioner ordered LAC to provide a complete response within 60 business days, but LAC gave notice that it would not implement the order, citing workload and other commitments.

• Whether the 730-day extension of time under paragraph 9(1)(b) for consultations was reasonable
• Whether LAC made a serious effort to assess the necessary length of the extension of time
• Whether there was a link between the reasons for the extension and its length
• Whether the calculation of the length of the extension was sufficiently rigorous, logical, and supportable
• Whether the 80-day extension of time under paragraph 9(1)(a) was reasonable given LAC's failure to respond within that period
• Whether LAC was deemed to have refused access pursuant to subsection 10(3) of the Act
• Whether LAC's practice of automatic consultations on all security and intelligence-related records is consistent with its obligations under the Act and the Interim Directive

The complainant alleged that Public Services and Procurement Canada (PSPC) improperly refused to process an access request for all emails of a named employee. PSPC argued that the request lacked sufficient detail because it did not specify a subject matter or timeframe. The Information Commissioner found that PSPC failed to demonstrate that an experienced institutional employee could not identify the relevant records with reasonable effort, even without a specified subject or timeframe. The Commissioner concluded that PSPC's refusal to process the request was unreasonable and that the institution was deemed to have refused access due to not responding by the legislated due date. Given the estimated 50,000 pages of responsive records, the Commissioner ordered PSPC to provide a complete response by July 9, 2029, and recommended training for employees on information management. PSPC agreed to implement both the order and the recommendation, leading to a well-founded complaint.

• Whether the access request met the requirements of section 6 of the ATIA
• Whether the request provided enough detail for experienced institutional employees to identify relevant records with a reasonable effort
• Whether PSPC's refusal to process the request was reasonable
• Whether PSPC was deemed to have refused access under subsection 10(3) of the ATIA

The complainant alleged that the Port Alberni Port Authority (PAPA) improperly withheld information under several sections of the Access to Information Act in response to a request for documents related to the lease or sale of its assets. The investigation focused on withheld company names and financial amounts. PAPA claimed exemptions under paragraphs 18(a), 18(b), 18(c), subsection 19(1), and paragraphs 20(1)(b) and 20(1)(c). The Commissioner found that PAPA failed to demonstrate that the withheld information met the requirements for any of the claimed exemptions. Specifically, PAPA did not show that the financial information had substantial value, that its disclosure would harm its competitive position or interfere with negotiations, or that the information was scientific/technical from government research. The Commissioner also determined that a company name was not personal information and that the third-party commercial information was not objectively confidential nor was a clear link established between disclosure and financial harm. Consequently, the Commissioner ordered PAPA to disclose the redacted information. PAPA agreed to implement the order, and the complaint was found to be well founded.

• Whether s.18(a) ATIA (government financial, commercial, scientific or technical information) applied to the withheld amounts related to equipment rental
• Whether the withheld financial information had substantial value under s.18(a) ATIA
• Whether s.18(b) ATIA (competitive position of government institutions or negotiations by government institutions) applied to the withheld amounts related to equipment rental
• Whether disclosure of the information would reasonably be expected to harm PAPA's competitive position or interfere with negotiations under s.18(b) ATIA
• Whether s.18(c) ATIA (government scientific or technical information obtained from research) applied to any withheld information
• Whether the withheld information was scientific or technical, obtained through government research, and if its disclosure would jeopardize publication rights under s.18(c) ATIA
• Whether s.19(1) ATIA (personal information) applied to the name of a company
• Whether the company name constituted personal information under s.19(1) ATIA
• Whether s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information) applied to the third party's name and leased premises information
• Whether the third-party information was confidential by an objective standard under s.20(1)(b) ATIA
• Whether s.20(1)(c) ATIA (financial impact on a third party) applied to portions of a lease agreement and specific amounts
• Whether disclosure of the information would reasonably be expected to cause material financial loss or gain to the third party or injure its competitive position under s.20(1)(c) ATIA

The complainant alleged that Environment and Climate Change Canada (ECCC) improperly withheld information in response to a request for the recovery strategy for the whitebark pine. The OIC investigated ECCC's application of several exemptions, including those related to personal information, third-party commercial information, federal-provincial affairs, and advice/recommendations. The Commissioner found that ECCC failed to make reasonable efforts to seek consent for personal information and did not demonstrate that third-party information met the exemption requirements. Additionally, ECCC improperly withheld factual information under advice/recommendations exemptions and did not reasonably exercise discretion for some information withheld under federal-provincial affairs. The Commissioner ordered ECCC to seek consent for personal information, disclose certain third-party and factual information, and re-exercise discretion for specific records. ECCC agreed to comply with the order, leading to a well-founded complaint.

• Whether s.19(1) personal information exemption was properly applied to the name and contact information of an individual
• Whether ECCC made reasonable efforts to seek consent under s.19(2)(a) for personal information
• Whether the personal information was publicly available under s.19(2)(b)
• Whether disclosure of personal information would be consistent with s.8 of the Privacy Act under s.19(2)(c)
• Whether the information met the requirements of s.20(1)(b) for confidential third-party financial, commercial, scientific or technical information
• Whether the information was supplied by a third party under s.20(1)(b)
• Whether the third party consistently treated the information as confidential under s.20(1)(b)
• Whether the information met the requirements of s.21(1)(b) for accounts of consultations or deliberations
• Whether factual information was improperly withheld under s.21(1)(b)
• Whether ECCC reasonably exercised discretion under s.21(1)(b) for information Parks Canada indicated could be disclosed
• Whether ECCC reasonably exercised discretion under s.21(1)(b) for other information
• Whether the information met the requirements of s.21(1)(a) for advice or recommendations
• Whether factual information was improperly withheld under s.21(1)(a)
• Whether ECCC reasonably exercised discretion under s.21(1)(a)
• Whether the information met the requirements of s.14 for federal-provincial affairs
• Whether ECCC reasonably expected harm to federal-provincial affairs from disclosure of information on page 2947
• Whether ECCC reasonably exercised discretion under s.14

The complainant alleged that the Canada Border Services Agency (CBSA) improperly withheld information related to cybersecurity and data breach risk assessments of the ArriveCAN application under subsection 16(2) and paragraph 20(1)(d) of the Access to Information Act. During the investigation, CBSA initially disclosed some records but continued to withhold others under subsection 16(2) and additionally claimed subsection 19(1). The Commissioner found that while some information met the requirements of subsection 16(2) (facilitating an offence), other portions did not. Furthermore, the Commissioner concluded that CBSA failed to properly exercise its discretion under subsection 19(2) regarding personal information, as it did not demonstrate efforts to seek consent or consider public availability. The complaint was found to be well founded. Although the Commissioner issued an initial report with orders, CBSA subsequently made further disclosures, and the complainant indicated satisfaction, making a formal order unnecessary.

• Whether s.16(2) ATIA (facilitating the commission of an offence) was properly applied to cybersecurity review information, including intranet/internal network addresses and specific vulnerabilities
• Whether s.16(2) ATIA was properly applied to statements related to asset identification and valuation, lists of components, summaries of changes, names of reference documents, and executive overviews
• Whether CBSA reasonably exercised its discretion under s.16(2) ATIA for information that met the exemption's requirements
• Whether s.19(1) ATIA (personal information) was properly applied to pictures and contact information of KPMG employees
• Whether CBSA made reasonable efforts to seek consent for disclosure of personal information under s.19(2)(a) ATIA
• Whether CBSA considered if personal information was publicly available under s.19(2)(b) ATIA
• Whether CBSA properly exercised its discretion under s.19(2) ATIA

The complainant alleged that the Canadian Broadcasting Corporation (CBC) improperly withheld information under section 17 (safety of individuals) and subsection 19(1) (personal information) of the Access to Information Act. The request sought communications between specific CBC and Twitter employees since January 1, 2018. During the investigation, the CBC released some information previously withheld under subsection 19(1) and section 17, but also applied subsection 16(2) (facilitating the commission of an offence) to some remaining information. The Commissioner found that the CBC failed to demonstrate how disclosing the name and contact information of an information security team member would reasonably be expected to facilitate an offence, especially since some of this information was publicly available. Regarding section 17, while acknowledging that psychological harm could fall under the exemption, the Commissioner concluded that the CBC did not show the harm went beyond distress or that there was a reasonable expectation of harm if the information, including names and Twitter handles of journalists, were disclosed. The Commissioner ordered the CBC to disclose the information withheld under subsection 16(2) and section 17. The CBC notified the Commissioner that it would implement the order.

• Whether s.16(2) facilitating the commission of an offence was properly applied to the name and contact information of a CBC employee
• Whether there was a clear and direct linkage between disclosure and the alleged harm under s.16(2)
• Whether the information met the requirements of s.16(2)
• Whether s.17 safety of individuals was properly applied to the names and Twitter handles of CBC journalists
• Whether psychological harm is encompassed by s.17
• Whether the CBC demonstrated a reasonable expectation of harm under s.17 for journalists' identifying information
• Whether s.17 safety of individuals was properly applied to the name and contact information of a non-journalist CBC employee
• Whether the CBC demonstrated a reasonable expectation of harm under s.17 for the non-journalist employee's identifying information

The complainant alleged that Environment and Climate Change Canada (ECCC) improperly withheld information under several exemptions of the Access to Information Act related to Taseko Mines Limited’s New Prosperity Project. The OIC investigated claims under subsections 16(2), 19(1), paragraphs 20(1)(d), 21(1)(a), 21(1)(b), and section 23. During the investigation, the complainant narrowed the scope, removing all information withheld under subsection 16(2) from the complaint. The Commissioner found that ECCC did not demonstrate that the requirements for paragraphs 20(1)(d), 21(1)(a), 21(1)(b), or section 23 were met for certain information. However, where the requirements for discretionary exemptions were met, ECCC was found to have reasonably exercised its discretion. The Commissioner ordered ECCC to disclose specific information that did not meet the exemption requirements. ECCC agreed to comply with the order, and the complaint was deemed well founded.

• Whether s.16(2) facilitating the commission of an offence applied
• Whether s.19(1) personal information applied
• Whether ECCC reasonably exercised its discretion under s.19(2)
• Whether s.20(1)(d) negotiations by a third party applied
• Whether ECCC reasonably exercised its discretion under s.20(5)
• Whether ECCC reasonably exercised its discretion under s.20(6)
• Whether s.21(1)(a) advice or recommendations applied
• Whether ECCC reasonably exercised its discretion under s.21(1)(a)
• Whether s.21(1)(b) accounts of consultations or deliberations applied
• Whether ECCC reasonably exercised its discretion under s.21(1)(b)
• Whether s.23 solicitor-client and litigation privilege applied
• Whether ECCC reasonably exercised its discretion under s.23

The complainant alleged that Public Services and Procurement Canada (PSPC) improperly withheld 96,781 pages of records under section 23 (solicitor-client and litigation privilege) of the Access to Information Act. The records related to the negotiation of a 1991 lease for the Louis St-Laurent Building. PSPC applied section 23 in a blanket manner, claiming both solicitor-client and litigation privilege. The Information Commissioner found that while some information met the requirements for solicitor-client privilege, PSPC failed to demonstrate that any information met the requirements for litigation privilege. Furthermore, PSPC's exercise of discretion was deemed unreasonable as it considered irrelevant factors and failed to consider relevant ones. The Commissioner also concluded that PSPC failed to adhere to section 25 by not performing a proper severance exercise. The complaint was found to be well founded, and PSPC was ordered to disclose specific types of records, all records not meeting solicitor-client privilege, and to reconsider its discretion for information genuinely subject to solicitor-client privilege.

• Whether the information met the requirements for solicitor-client privilege under s.23 ATIA
• Whether the information met the requirements for litigation privilege under s.23 ATIA
• Whether PSPC reasonably exercised its discretion to withhold information under s.23 ATIA
• Whether PSPC adhered to its severance obligations under s.25 ATIA

A complainant alleged that the Canada Revenue Agency (CRA) inappropriately disclosed her adoptive child's name and her personal information to the child's biological mother, contravening section 8 of the Privacy Act. The child's name had been changed for safety reasons after a closed adoption. The OPC found that, on the balance of probabilities, the CRA likely disclosed the child's adoptive name to the biological mother, leading to significant negative impacts on the family. The investigation also revealed deficiencies in the CRA's internal procedures for safeguarding adopted children's personal information. The OPC issued recommendations to revise procedures, provide comprehensive training, and implement oversight measures. The CRA agreed to implement two of the three recommendations, but declined the oversight measure, leading to a "well-founded and not resolved" finding.

• Whether the CRA disclosed the child’s adoptive name to the biological mother in contravention of section 8 of the Privacy Act
• Whether the CRA's internal procedures for safeguarding adopted children's personal information were adequate

The complainant alleged that the Canada Border Services Agency (CBSA) failed to conduct a reasonable search for Microsoft Teams messages related to ArriveCAN. The CBSA initially informed the complainant that no such records existed, citing a 30-day retention period for MS Teams messages. However, the OIC's investigation revealed that an administrative error prevented the request from being promptly entered into CBSA's case management system, causing a significant delay in processing. This delay meant that by the time the request was actioned, the MS Teams messages would have been automatically deleted. Despite this, CBSA policy required business-related information from MS Teams to be saved to corporate repositories. During the investigation, CBSA searched these repositories and located one responsive record, which was subsequently provided to the complainant. The Commissioner found that the CBSA did not conduct a reasonable search initially due to the processing delays and failure to task program areas, but acknowledged that a reasonable search was eventually completed during the investigation.

• Whether the institution conducted a reasonable search for records
• Whether the administrative error in processing the request impacted the search for records
• Whether the institution's MS Teams retention policy and corporate repository policy were followed

The complainant alleged that the Canada Revenue Agency (CRA) improperly denied access to personal information related to five grievances, relying on exceptions in subsection 12(1), paragraph 22(1)(b), and section 26 of the Privacy Act. The OPC found that while the CRA conducted reasonable searches, it failed to substantiate its use of some exemptions, particularly paragraph 22(1)(b). The CRA did not demonstrate a clear and direct connection between disclosure and a risk of harm, instead relying on general assertions. The OPC concluded that the complainant did not receive all entitled personal information and found the complaint well-founded. The OPC recommended the CRA reassess its reliance on paragraph 22(1)(b) and disclose more information. However, the CRA maintained its position, leading the OPC to consider the complaint unresolved.

• Whether the Canada Revenue Agency conducted reasonable searches for responsive records
• Whether the Canada Revenue Agency properly applied subsection 12(1) of the Privacy Act to withhold information
• Whether the Canada Revenue Agency properly applied paragraph 22(1)(b) of the Privacy Act to withhold information
• Whether the Canada Revenue Agency properly applied section 26 of the Privacy Act to withhold information
• Whether the Canada Revenue Agency demonstrated a clear and direct connection between disclosure and a risk of harm under paragraph 22(1)(b)
• Whether general assertions of harm are sufficient to justify withholding information under paragraph 22(1)(b)
• Whether the mere fact of an ongoing investigation meets the threshold for harm under paragraph 22(1)(b)
• Whether the potential for strategic advantage is sufficient to justify withholding information under paragraph 22(1)(b)
• Whether professional expertise alone is sufficient to substantiate an exemption claim under paragraph 22(1)(b)
• Whether a case-by-case assessment is required for the application of paragraph 22(1)(b)

The complainant alleged that Health Canada improperly withheld information under subsection 19(1) and paragraph 20(1)(c) of the Access to Information Act concerning documents about the impact of campfires on air quality. During the investigation, the complainant withdrew the allegation regarding subsection 19(1). Health Canada had withheld names of third parties and short texts about them under paragraph 20(1)(c), claiming potential financial impact on third parties. The third parties, Canadian Automobile Association (CAA) and Canadian Institute of Planners (CIP), were invited to make representations. The CAA opposed disclosure, citing "future risk" from misinformation, but provided no evidence of specific harm. The CIP stated disclosure would not cause it harm. The Commissioner found that the information did not meet the requirements of paragraph 20(1)(c) as there was no clear and direct connection between disclosure and a risk of harm beyond mere possibility. Health Canada agreed to disclose the information following an order from the Commissioner. The complaint was found to be well founded, and Health Canada was ordered to disclose the information.

• Whether s.19(1) ATIA (personal information) was properly applied
• Whether s.20(1)(c) ATIA (financial impact on a third party) was properly applied
• Whether disclosure could result in material financial loss or gain to the third party with a reasonable expectation of harm
• Whether disclosure could injure the competitive position of the third party with a reasonable expectation of prejudice
• Whether the third parties provided sufficient evidence to demonstrate a reasonable expectation of harm under s.20(1)(c)

An anonymous applicant complained that Transport Canada improperly withheld information from rail workplace fatality investigation reports under sections 19(1), 20(1)(b), and 20(1)(c) of the Access to Information Act. The Commissioner found that while some information was properly withheld as personal information under section 19(1), Transport Canada failed to reasonably exercise its discretion regarding publicly available personal information. For section 20(1)(b), most of the withheld information did not meet the requirements for confidentiality or being "supplied by" a third party, with only specific financial and technical details qualifying. The Commissioner rejected the application of section 20(1)(c), finding that the institution and third parties did not demonstrate a clear and direct connection between disclosure and a reasonable expectation of harm. Furthermore, a third party's claim under section 23 for solicitor-client and litigation privilege was also rejected due to insufficient evidence. Consequently, the complaint was well-founded, and Transport Canada was ordered to disclose most of the withheld information.

• Whether the withheld information constituted "personal information" under subsection 19(1) ATIA
• Whether Transport Canada reasonably exercised its discretion under subsection 19(2)(b) ATIA regarding publicly available personal information
• Whether the withheld information was "financial, commercial, scientific or technical" under paragraph 20(1)(b) ATIA
• Whether the withheld information was "confidential" under paragraph 20(1)(b) ATIA
• Whether the withheld information was "supplied by a third party" under paragraph 20(1)(b) ATIA
• Whether the third party "consistently treated the information as confidential" under paragraph 20(1)(b) ATIA
• Whether disclosure of the information could reasonably be expected to result in "material financial loss or gain" or "prejudice to the competitive position" of a third party under paragraph 20(1)(c) ATIA
• Whether the withheld information was subject to "solicitor-client privilege" under section 23 ATIA
• Whether the withheld information was subject to "litigation privilege" under section 23 ATIA

The complainant alleged that Transport Canada improperly withheld information from a Final Report of an investigation into an accidental death at a Canadian Pacific Railway Company (CP) yard. Transport Canada initially withheld information under paragraphs 16(1)(c), 19(1), and 20(1)(b) of the Access to Information Act. CP also asserted additional exemptions under paragraphs 20(1)(c), section 23, and subsection 24(1). The Information Commissioner found that Transport Canada did not meet the burden for withholding an incident number under 16(1)(c). For 19(1), the Commissioner found that while much of the witness statement information was personal and posed a serious re-identification risk, factual information could be severed and disclosed. Regarding 20(1)(b), the Commissioner determined that some technical and commercial information met the exemption criteria, but other information, particularly safety-related content, did not meet the confidentiality requirement. The Commissioner rejected CP's additional exemption claims under 20(1)(c), 23, and 24(1) due to insufficient evidence. The complaint was found to be well founded, and Transport Canada was ordered to disclose specific information.

• Whether s.16(1)(c) law enforcement or investigation harm was reasonably expected for the incident number
• Whether information was personal information under s.19(1)
• Whether factual information could be severed from personal information under s.19(1)
• Whether there was a serious risk of re-identification for personal information under s.19(1)
• Whether Transport Canada reasonably exercised discretion under s.19(2)
• Whether information was financial, commercial, scientific or technical under s.20(1)(b)
• Whether information was confidential under s.20(1)(b)
• Whether information was supplied by a third party under s.20(1)(b)
• Whether the third party consistently treated information as confidential under s.20(1)(b)
• Whether Transport Canada reasonably exercised discretion under s.20(6)
• Whether s.20(1)(c) financial impact or competitive harm was reasonably expected
• Whether information was subject to solicitor-client privilege under s.23
• Whether information was subject to litigation privilege under s.23
• Whether information was restricted by another law under s.24(1) (Canada Labour Code s.144(3))