Canadian privacy & access decisions

The complainant alleged that the Royal Canadian Mounted Police (RCMP) failed to conduct a reasonable search for records related to its "E Norther" file and National Administrative Records Management System (NARMS). Specifically, the complainant identified the RCMP's Legal Services Unit as a potential source of records, but the RCMP initially refused to search this area, claiming the records would not be under its control. The OIC's investigation found that any such records would likely be under the RCMP's control. The RCMP subsequently agreed to task its Legal Services Unit, which led to the identification and release of additional records to the complainant. The Commissioner concluded that the RCMP's initial search was not reasonable and ordered the RCMP to confirm with an outstanding Office of Primary Interest (OPI) and process any further responsive records. The RCMP later confirmed that the outstanding OPI had responded and an additional response was sent to the complainant.

• Whether the Royal Canadian Mounted Police conducted a reasonable search for records
• Whether records held by the RCMP's Departmental Legal Services Unit were under the control of the RCMP

The complainant alleged that the Immigration and Refugee Board of Canada (IRB) failed to conduct a reasonable search for records in response to a request for "all final decisions rendered pursuant to section 37 of the Immigration and Refugee Protection Act (IRPA) from January 2018 until June 2020." The IRB provided only written decisions, stating that audio recordings are only provided when specifically requested. However, the OIC found that the IRB's ATIP office had erroneously informed its Office of Primary Interest that only written decisions were sought, thereby reducing the scope of the request without the complainant's approval. The Commissioner determined that "all final decisions" includes audio recordings, as a record under the Act means any documentary material regardless of medium or form. Consequently, the Commissioner found that the IRB did not perform a reasonable search.

• Whether the institution conducted a reasonable search for records
• Whether audio recordings fall within the scope of "all final decisions"

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 applicant complained that Innovation, Science and Economic Development Canada (ISED) improperly withheld "Total Repayment figures" related to several projects under the Technology Partnerships Canada (TPC) program, involving 21 third parties. ISED initially relied on paragraph 20(1)(c) of the Access to Information Act, while some third parties also raised paragraphs 20(1)(b) and 20(1)(d). The Commissioner found that the information was financial and commercial but not objectively confidential under paragraph 20(1)(b), as there was no reasonable expectation of non-disclosure for public funds, nor would confidentiality foster public benefit. For paragraph 20(1)(c), the Commissioner determined that neither ISED nor the third parties demonstrated a clear and direct connection between disclosure and a reasonable expectation of material financial harm or injury to competitive position, deeming their arguments speculative. Similarly, for paragraph 20(1)(d), insufficient evidence was provided to show that disclosure would interfere with contractual negotiations. Consequently, the complaint was found to be well-founded, and the Commissioner ordered ISED to disclose all the Total Repayments figures at issue.

• Whether the Total Repayment figures are financial or commercial information under s.20(1)(b) ATIA
• Whether the Total Repayment figures are confidential under s.20(1)(b) ATIA
• Whether the circumstances of communication gave rise to a reasonable expectation of non-disclosure for the Total Repayment figures under s.20(1)(b) ATIA
• Whether confidential communication of the Total Repayment figures would foster the relationship between third parties and ISED for public benefit under s.20(1)(b) ATIA
• Whether disclosure of the Total Repayment figures could reasonably be expected to result in material financial loss or gain to a third party under s.20(1)(c) ATIA
• Whether disclosure of the Total Repayment figures could reasonably be expected to injure the competitive position of a third party under s.20(1)(c) ATIA
• Whether a clear and direct connection between disclosure and harm was demonstrated for s.20(1)(c) ATIA
• Whether arguments of public misunderstanding justify withholding information under s.20(1)(c) ATIA
• Whether disclosure of the Total Repayment figures could reasonably be expected to interfere with contractual or other negotiations of a third party under s.20(1)(d) ATIA
• Whether a clear and direct connection between disclosure and interference (obstruction) was demonstrated for s.20(1)(d) ATIA