Canadian privacy & access decisions

The complainant alleged that Public Safety Canada improperly withheld information under subsection 19(1) and paragraph 20(1)(b.1) of the Access to Information Act, concerning user agreements for the national public alerting system. During the investigation, the complainant narrowed the scope, no longer requiring investigation into subsection 19(1) or information on pages 1-12. The OIC found that neither Public Safety nor the third party, Pelmorex Communications, could demonstrate that the agreements were "supplied" by the third party, a key requirement for exemptions 20(1)(b.1) and 20(1)(b). Public Safety also invoked subsection 16(2) for a DocuSign ID, but the Commissioner found no reasonable expectation of harm. Consequently, the Commissioner ordered Public Safety to disclose the records in their entirety, excluding information previously withheld under subsection 19(1). Public Safety agreed to implement the order, and the complaint was found to be well founded.

• Whether information in negotiated agreements was "supplied" by a third party for the purpose of s.20(1)(b.1) ATIA
• Whether information in negotiated agreements was "supplied" by a third party for the purpose of s.20(1)(b) ATIA
• Whether disclosure of a DocuSign envelope identification number could reasonably be expected to facilitate the commission of an offence under s.16(2) ATIA

The complainant alleged that Transport Canada improperly withheld information from contracts related to an aggregate extraction operation on land leased to the Ottawa International Airport Authority (OIAA), claiming exemptions under paragraphs 20(1)(b), 20(1)(c), and 20(1)(d) of the Access to Information Act. The Information Commissioner found that while some financial information met the requirements of paragraph 20(1)(c) due to potential harm to competitive position, and certain commercial/technical information met some requirements of paragraph 20(1)(b), the institution and third parties failed to demonstrate that the entirety of the contract was confidential or that its disclosure would interfere with negotiations. Specifically, much of the information was found to be publicly available, negating the confidentiality claim for those portions. The Commissioner concluded that the institution had improperly withheld significant parts of the contract. The complaint was found to be well founded, and Transport Canada was ordered to disclose the content of the contract, with specific redactions for information that met the exemption criteria.

• Whether s.20(1)(c) financial impact on a third party was reasonably expected
• Whether s.20(1)(b) information was financial, commercial, scientific or technical
• Whether s.20(1)(b) information was confidential
• Whether s.20(1)(b) information was supplied by a third party to a government institution
• Whether s.20(1)(b) information was consistently treated as confidential by the third party
• Whether s.20(1)(d) interference with contractual or other negotiations of a third party was reasonably expected

The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) failed to respond to an access request within the extended timeframe, constituting a deemed refusal under subsection 10(3) of the Access to Information Act. The request sought "Activity Progress Reports" related to the Tk'emlups Indian Residential School Survivor Project or "missing children" programs from April 1, 2021. CIRNAC attributed the delay to "resource limitations" and stated that the review of records had not yet begun, despite identifying 576 relevant pages. The Information Commissioner found CIRNAC's reason for delay unacceptable, emphasizing that the Act does not permit delays due to staffing issues or competing priorities. The Commissioner concluded that CIRNAC contravened its obligations and ordered the institution to provide a complete response within 36 business days. CIRNAC subsequently agreed to implement the order, and the complaint was found to be well founded.

• Whether the institution responded within the extended time limits under subsection 9(1) of the Access to Information Act
• Whether 'resource limitations' constitute a valid reason for delay in responding to an access request

The complainant requested records concerning noise and vibration studies for the Pitt Meadows Road and Rail Project. The Vancouver Fraser Port Authority (VFPA) withheld information under several exemptions and provided some documents in an illegible format. The Commissioner found that the VFPA improperly withheld information under sections 18(b), 18(d), 20(1)(b), 20(1)(d), 21(1)(a), and 21(1)(d) of the Act, and failed its duty to assist by providing illegible records. While some information was properly withheld under sections 13(1), 18(b), 18(d), 19(1), and 21(1)(a), the institution could not justify the application of other exemptions or the illegibility of records. Specifically, section 20(1)(b) and (d) claims were rejected due to a lack of objective confidentiality and speculative harm. The complaint was found to be well-founded, and the Commissioner ordered the VFPA to disclose specific information and provide legible copies of records. The VFPA notified the Commissioner of its intent to comply with the order.

• Whether s.13(1) confidential information from government bodies applied to pages 396-397 of Part 2.
• Whether s.13(1) confidential information from government bodies applied to page 398 of Part 2 (VFPA's own email signature/COVID message).
• Whether the VFPA reasonably exercised discretion under s.13(2) for information meeting s.13(1).
• Whether s.18(b) competitive position or negotiations applied to specific estimated costs, specifics of the draft partnership agreement, and details of selected/preferred options.
• Whether s.18(b) competitive position or negotiations applied to peripheral details (e.g., where funding was requested from).
• Whether s.18(b) competitive position or negotiations applied to information showing no clear preference or options not seriously considered.
• Whether the VFPA reasonably exercised discretion under s.18(b) for information meeting the exemption.
• Whether s.18(d) government financial interests or undue benefit applied to specific costing information.
• Whether s.18(d) government financial interests or undue benefit applied to potential measures or number of mitigation options.
• Whether s.19(1) personal information applied to names of third-party employees.
• Whether the VFPA reasonably exercised discretion under s.19(2) for information meeting s.19(1).
• Whether s.20(1)(b) confidential third-party financial, commercial, scientific or technical information was financial, commercial, scientific or technical.
• Whether s.20(1)(b) information was objectively confidential (not publicly available, reasonable expectation of confidence, fostered public benefit).
• Whether s.20(1)(b) information was supplied by a third party (specifically, negotiated terms).
• Whether s.20(1)(b) information was consistently treated as confidential by the third party.
• Whether s.20(1)(d) negotiations by a third party applied to information withheld by CP.
• Whether s.21(1)(a) advice or recommendations applied to information on pages 428-429 of Part 2.
• Whether s.21(1)(a) advice or recommendations applied to objective, factual, or statistical information.
• Whether s.21(1)(a) advice or recommendations applied to data relating to the number of receivers exceeding criteria.
• Whether the VFPA reasonably exercised discretion under s.21(1)(a) for information meeting the exemption.
• Whether s.21(1)(d) plans related to personnel management or administration applied to plans for future growth.
• Whether s.21(1)(d) was contravened by applying it to a consultant's slide deck (s.21(2)(b)).
• Whether the VFPA met its obligations under s.4(2.1) to make every reasonable effort to assist the complainant by providing legible copies.

The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) took an unreasonable time extension under subsection 9(1) of the Access to Information Act and improperly processed two requests as one. The request sought an updated Consultation Agreement between Canada and the MNA and related documents. The Information Commissioner found that CIRNAC's 180-day extension for volume and 90-day extension for consultations were unreasonable, particularly noting that a 90-day consultation period for 12 pages with the Department of Justice was not justified. Consequently, CIRNAC was deemed to have refused access. However, the Commissioner found it reasonable for CIRNAC to treat the request as a single one, given the way it was submitted. The complaint was deemed well-founded, and CIRNAC was ordered to provide a complete response within 36 business days.

• Whether the 180-day extension under s.9(1)(a) ATIA for volume was reasonable
• Whether the 90-day extension under s.9(1)(b) ATIA for consultations was reasonable
• Whether the 30-day extension under s.9(1)(c) ATIA was reasonable
• Whether CIRNAC improperly processed two requests as one
• Whether CIRNAC was deemed to have refused access under s.10(3) ATIA