Canadian privacy & access decisions

The complainant alleged that the Privy Council Office (PCO) failed to respond to an access request within the extended timeframe, constituting a deemed refusal under the Access to Information Act. The request sought various records from September 1, 2022, onwards, concerning committee studies of foreign election interference. PCO had extended the response period by 330 days, making the deadline March 14, 2024, but failed to respond by this date. The investigation found that PCO did not meet its obligation, attributing the delay to a large volume of records (5,988 pages) and the ATIP office's failure to initiate timely consultations with eight other government departments. The Information Commissioner ordered PCO to provide a complete response by November 15, 2024. PCO subsequently notified the Commissioner that it would implement the order and respond by the specified date. The complaint was found to be well founded.

• Whether the institution responded within the extended period under subsection 9(1) of the Access to Information Act
• Whether the institution is deemed to have refused access under subsection 10(3) of the Act due to delay

The complainant alleged that Indigenous Services Canada (ISC) took an unreasonable extension of time to respond to an access request for permits, contracts, modifications, letters, and violation notices sent to G&R Recyclage in Kanasatake, as well as internal correspondence about the company since 2014. ISC had initially extended the response period by 210 days, making the deadline January 19, 2024, but failed to respond by that date. The investigation revealed that ISC was processing over 17,000 pages of records, with 9,000 pages already reviewed, and required consultations with third parties. The Information Commissioner found that the suggested response date of December 12, 2024, was reasonable given the volume and complexity of records and the need for third-party consultations. The Commissioner ordered ISC to issue required third-party notices by October 1, 2024, and provide a complete response by December 12, 2024. ISC agreed to implement the order. The complaint was found to be well founded.

• Whether the extension of time taken by Indigenous Services Canada under subsection 9(1) of the Access to Information Act was unreasonable
• Whether Indigenous Services Canada met its obligation to respond to the request within the extended period
• Whether the proposed date for a final response (December 12, 2024) is reasonable given the volume and complexity of records and the need for third-party consultations
• Whether third-party consultations are necessary for the requested records
• Whether Indigenous Services Canada must issue required notices to third parties by October 1, 2024

The complainant alleged that the Privy Council Office (PCO) failed to respond to an access request within the extended timeframe, constituting a deemed refusal under the Access to Information Act. The request sought records related to "ICSI Meetings 2001." PCO had extended the response period by 350 days, making the deadline August 17, 2023, but failed to respond by this date. The investigation revealed that the delay was due to PCO's ATIP office not initiating consultations and processing the request in a timely manner, citing employee shortages and high workload. The Information Commissioner found that PCO did not meet its obligation to respond within the statutory time limits, leading to a deemed refusal. The Commissioner emphasized PCO's ultimate responsibility to ensure timely responses, even when consultations are involved. The complaint was found to be well founded, and PCO was ordered to provide a complete response within 36 business days.

• Whether the institution responded within the extended period under subsection 9(1) of the Access to Information Act
• Whether the institution is deemed to have refused access to the requested records under subsection 10(3) of the Access to Information Act
• Whether the institution's reasons for delay (employee shortages, high workload, outstanding consultations) justify the failure to respond

The complainant alleged that the Privy Council Office (PCO) failed to respond to an access request within the extended timeframe, constituting a deemed refusal under the Access to Information Act. The request sought electronic records mentioning specific terms, including "Democracy Watch," from October 2015 to April 2023. PCO received the request in April 2023 and extended the response period by 210 days, setting a new deadline of December 21, 2023, but failed to respond by this date. PCO attributed the delay to limited resources, high workload, and the need for extensive consultations, estimating a response by January 2025. The Commissioner found PCO's estimated timeline unreasonable, noting that the institution had committed inadequate resources to processing the request. The Commissioner concluded that PCO had not met its obligations under the Act and ordered PCO to provide a complete response by November 30, 2024, with interim releases where possible. PCO subsequently agreed to implement the order.

• Whether the institution responded within the extended time limits under subsection 9(1) of the Access to Information Act
• Whether the institution is deemed to have refused access under subsection 10(3) of the Access to Information Act
• Whether the institution's proposed timeline for response was reasonable

The complainant alleged that Transport Canada failed to respond to an access request within the 30-day statutory period. The request sought records from specific dates concerning the operation and restrictions of certain aircraft, received and distributed by a particular employee. Transport Canada received the request on January 4, 2024, but did not issue a response within the 30-day timeframe, nor did it seek an extension or transfer the request. The investigation revealed that the program area took three months to locate 148 pages of potentially responsive records. Transport Canada subsequently identified 12 pages as potential Cabinet confidences and initiated consultations, projecting a response date of October 18, 2024. The Commissioner found the delay unacceptable, given the small volume of records, and concluded that Transport Canada failed to meet its obligations under the Act. The complaint was found to be well founded, and Transport Canada was ordered to provide a complete response.

• Whether Transport Canada responded to the access request within the 30-day period set out in section 7 of the Access to Information Act
• Whether Transport Canada validly extended the 30-day period for responding under section 9 of the Access to Information Act
• Whether Transport Canada is deemed to have refused access to the requested records under subsection 10(3) of the Access to Information Act

The complainant alleged that the Department of Justice Canada (Justice) failed to respond to an access request within the statutory time limit, improperly placed the request on hold, and did not meet its duty to assist the requester. The request sought records related to COVID-19 vaccination mandates for federal employees and travel. The Commissioner found that Justice improperly placed the request on an indefinite hold, as there is no provision in the Act for such an action. Justice also failed to provide updates and assistance to the complainant, thereby not meeting its obligations under subsection 4(2.1). Furthermore, Justice did not respond to the request by the statutory deadline, leading to a deemed refusal of access. The Commissioner rejected Justice's estimated 14-year processing time as unreasonable and ordered Justice to remove the hold, provide a complete response by May 17, 2029, and issue regular updates and interim releases.

• Whether the institution responded within the time limit set out in section 7 ATIA
• Whether the institution took an invalid extension of time under section 9 ATIA
• Whether the institution improperly placed the access request on hold
• Whether the institution improperly communicated by phone
• Whether the institution met its responsibilities under subsection 4(2.1) ATIA to assist the requester
• Whether there was evidence of an offence under section 67.1 ATIA

The complainant alleged that National Defence (DND) failed to respond to an access request within the 30-day period mandated by section 7 of the Access to Information Act. The request sought all documentation related to unidentified objects shot down in Yukon and over Lake Huron in February 2023, including emails, photos, and reports. The investigation confirmed that DND received the request on March 16, 2023, and did not extend the response period, making the due date April 17, 2023. DND failed to respond by this date, leading to a deemed refusal under subsection 10(3). The Commissioner found the delay by DND's Offices of Primary Interest (OPIs) in providing responsive records unacceptable, noting that one OPI provided incomplete records and another none at all. The Commissioner concluded that DND did not meet its obligations under the Act. The complaint was found to be well founded, and DND was ordered to provide a complete response within 36 business days.

• Whether National Defence responded to the access request within the 30-day period required by section 7 of the Access to Information Act
• Whether National Defence is deemed to have refused access under subsection 10(3) due to failure to respond within statutory timelines

The complainant alleged that the Canada Revenue Agency (CRA) failed to respond to an access request within the extended timeframe, a violation under paragraph 30(1)(a) of the Access to Information Act. The request sought all documents related to House of Commons committee studies concerning the Pierre Elliott Trudeau Foundation between February 1, 2023, and July 14, 2023. The OIC's investigation revealed that while 5,782 pages of responsive records had been identified, one of CRA's Offices of Primary Interest (OPIs) had not yet provided an additional 4,715 pages for review. Despite the outstanding work, the Information Commissioner found that CRA had not met its obligation to respond within the extended period, deeming it a refusal of access under subsection 10(3). The Commissioner ordered CRA to issue a complete response by January 8, 2025, and made recommendations for improving internal processes and accountability for timely record provision. CRA agreed to implement the order and consider the recommendations.

• Whether the institution responded to the access request within the extended period under subsection 9(1) of the Access to Information Act
• Whether the institution is deemed to have refused access under subsection 10(3) due to failure to respond within the statutory timeframe

The complainant alleged that Public Services and Procurement Canada (PSPC) took an unreasonable extension of time to respond to an access request for materials related to the sixth interprovincial crossing between Gatineau and Ottawa, and improperly regrouped this request with others to justify the extension. PSPC had extended the response time by 768 days under paragraph 9(1)(a) and an additional 300 days under paragraph 9(1)(b), citing a large volume of complex and sensitive records (2,404 pages) and the need to avoid interference with operations. The Commissioner found that PSPC failed to demonstrate that the 768-day extension was reasonable or justified, concluding that the requirements of paragraph 9(1)(a) were not met. Consequently, the Commissioner did not need to assess the 9(1)(b) extension. Regarding the regrouping allegation, the Commissioner found no evidence that PSPC would not have claimed the extension without regrouping, especially since the requester had agreed to it. The complaint was found to be well founded concerning the unreasonable extension of time, and PSPC was ordered to provide a complete response within 36 business days.

• Whether the extension of time taken under subsection 9(1) was unreasonable (30(1)(c))
• Whether the request was for a large number of records or required searching through a large number of records (9(1)(a))
• Whether meeting the 30-day time limit would unreasonably interfere with the institution’s operations (9(1)(a))
• Whether the extension of time was for a reasonable period, having regard to the circumstances (9(1)(a))
• Whether PSPC improperly regrouped the access request with other requests to take the extension of time (30(1)(f))
• Whether PSPC was in deemed refusal under subsection 10(3)

The complainant alleged that National Defence (DND) failed to respond to an access request within the statutory 30-day period, as required by section 7 of the Access to Information Act. The request sought records related to Dr. Ross Harvey's review of Suffield Experimental Station/Defence Research Establishment Suffield reports, specifically his recommendations and their implementation by DRES management. DND extended the response period by 120 days, making the new deadline August 31, 2023, but failed to respond by this date. The investigation found that DND did not meet its obligation, leading to a deemed refusal of access under subsection 10(3) of the Act. The Commissioner noted ongoing internal discussions within DND regarding severances, which delayed the processing and release of records. The Commissioner concluded that DND's lack of responsiveness contravened its obligations and undermined the access system. The complaint was found to be well founded, and DND was ordered to complete the retrieval of records and provide a full response.

• Whether National Defence responded to the access request within the statutory time limits under section 7 of the ATIA
• Whether National Defence's extension of the response period under paragraph 9(1)(a) was properly followed
• Whether National Defence is deemed to have refused access under subsection 10(3) due to failure to respond
• Whether National Defence's ongoing internal review processes justified the delay in responding

The complainant alleged that the Public Health Agency of Canada (PHAC) unreasonably extended the time to respond to an access request for correspondence related to a specific standing offer and company. PHAC extended the response time by 255 days, citing subsections 9(1)(a), (b), and (c) of the Access to Information Act. The Commissioner investigated whether the extension under 9(1)(a) was reasonable, noting that PHAC initially identified 2,962 pages, later corrected to 1,805 pages. While acknowledging the volume and potential interference with operations, the Commissioner found that PHAC failed to justify the reasonableness of the 180-day extension taken under 9(1)(a), particularly regarding its estimated review rate of 500 pages per 30 days. Consequently, the Commissioner concluded that the extension was invalid, and PHAC was deemed to have refused access under subsection 10(3) of the Act. The complaint was found to be well founded, and PHAC was ordered to provide a complete response within 60 business days.

• Whether the extension of time taken under subsection 9(1) of the Access to Information Act was unreasonable
• Whether the request was for a large number of records under paragraph 9(1)(a)
• Whether meeting the 30-day deadline would unreasonably interfere with the institution’s operations under paragraph 9(1)(a)
• Whether the extension of time was for a reasonable period under paragraph 9(1)(a)
• Whether the institution provided convincing explanation for its estimated monthly review rate of 500 pages
• Whether the institution applied sufficient rigour and logic in determining the duration of the extension
• Whether the institution is deemed to have refused access under subsection 10(3)

The complainant alleged that Housing, Infrastructure and Communities Canada (Infrastructure Canada) improperly withheld information under subsections 19(1), 20(1)(b), 20(1)(c), and 24(1) of the Access to Information Act. The request sought payment documents from Signature on the Saint Lawrence Group (SSLG) to Infrastructure Canada. During the investigation, the complainant narrowed the scope, no longer requiring investigation into GST/PST numbers, banking information, and information withheld under subsection 19(1). The Commissioner found that Infrastructure Canada and SSLG successfully demonstrated that information related to pricing and contractual relationships met the requirements of paragraph 20(1)(c). However, they failed to justify the withholding of other information under paragraphs 20(1)(b), 20(1)(c), or subsection 24(1). The Commissioner ordered Infrastructure Canada to disclose the remaining information, excluding that related to pricing and contractual relationships. Infrastructure Canada agreed to implement the order, and the complaint was found to be well founded.

• Whether s.19(1) personal information was properly withheld
• Whether s.20(1)(b) confidential third-party financial, commercial, scientific or technical information was properly withheld
• Whether s.20(1)(c) financial impact on a third party was properly withheld
• Whether s.24(1) disclosure restricted by another law was properly withheld
• Whether disclosure of financial information provides insight into pricing and contractual relationships
• Whether disclosure of financial information would give SSLG’s competitors an advantage
• Whether the argument that disclosure could be seen negatively by project owners on future bids was speculative
• Whether the information is financial, commercial, scientific or technical under s.20(1)(b)
• Whether the information is confidential by an objective standard under s.20(1)(b)
• Whether the information was supplied by a third party to a government institution under s.20(1)(b)
• Whether the third party has consistently treated the information as confidential under s.20(1)(b)
• Whether the content of the record is not available from sources otherwise accessible to the public
• Whether the information originates and is communicated in a reasonable expectation of confidence
• Whether the information was communicated in a relationship between government and the third party that is either a fiduciary relationship or one that is not contrary to the public interest, and that will be fostered for the public benefit by confidential communication
• Whether the confidentiality clause in the Project Agreement is determinative for objective confidentiality
• Whether the information contained within the invoices was supplied by a third party to Infrastructure Canada
• Whether section 295 of the Excise Tax Act applies to the Procurement Business Number under s.24(1)

The complainant alleged that National Defence (DND) took an unreasonable extension of time to respond to an access request for information related to military equipment, weaponry, and ammunition sent to Ukraine from 2019 to 2022. DND initially extended the response time by 3,210 days, citing the large volume of records and interference with operations. The Commissioner found that while the request involved a large number of records and would interfere with operations, DND did not demonstrate that the extended period was reasonable, as it lacked sufficient rigor in its calculation and planned consecutive, rather than concurrent, processing steps. Consequently, DND was deemed to have refused access to the records. During the investigation, the complainant narrowed the scope of the request, reducing the record count by approximately 20,000 pages. DND then indicated it could respond within six months, which the complainant found acceptable. The Commissioner ordered DND to provide a complete response by November 25, 2024, and DND agreed to implement the order.

• Whether the extension of time taken by National Defence under subsection 9(1) of the Access to Information Act was unreasonable
• Whether the access request was for a large number of records or required searching through a large number of records under paragraph 9(1)(a)
• Whether meeting the 30-day time limit would unreasonably interfere with the institution’s operations under paragraph 9(1)(a)
• Whether the extension of time was for a reasonable period, having regard to the circumstances, under paragraph 9(1)(a)
• Whether National Defence was deemed to have refused access to the requested records pursuant to subsection 10(3)

The complainant alleged that the Impact Assessment Agency of Canada (IAAC) took an unreasonable extension of time to respond to an access request for communications related to designated projects in Western Canada. IAAC had extended the response time by 880 days, citing paragraphs 9(1)(a), (b), and (c) of the Access to Information Act. The Commissioner found that while the request involved a large volume of records, IAAC failed to demonstrate that the 820-day extension taken under paragraph 9(1)(a) was reasonable, particularly regarding its estimated monthly review rate. Consequently, the Commissioner concluded that IAAC was deemed to have refused access under subsection 10(3) of the Act. The Commissioner ordered IAAC to provide a complete response to the access request by April 23, 2025. IAAC's President confirmed that the agency would implement the order, outlining steps to increase processing capacity and optimize ATIP processes.

• Whether the extension of time taken under s.9(1)(a) was for a reasonable period
• Whether the request was for a large number of records
• Whether meeting the 30-day deadline would unreasonably interfere with the institution’s operations
• Whether the institution is deemed to have refused access under s.10(3)

The complainant alleged that Library and Archives Canada (LAC) failed to respond to an access request within the extended time limit, constituting a deemed refusal under the Access to Information Act. The request sought historical records related to the Canadian Intelligence Program and the Joint Intelligence Organization. The investigation confirmed that LAC did not respond by the extended deadline of February 13, 2020, for a request received in July 2019. Despite the records comprising 135 pages and a consultation with Global Affairs Canada being completed, LAC had not finalized processing the request almost five years later. The Information Commissioner found the delay unacceptable and ordered LAC to provide a complete response within 36 business days. However, LAC notified the Commissioner that it would not implement the order due to workload prioritization, stating the records required careful review and further consultation.

• Whether Library and Archives Canada responded to the access request within the extended time limit under subsection 9(1) of the Access to Information Act
• Whether Library and Archives Canada is deemed to have refused access under subsection 10(3) of the Act due to delay