Canadian Privacy Decisions

The complainant alleged that Trans Mountain Corporation (TMC) improperly withheld records related to the initial application and approval of the Trans Mountain Pipeline in the early 1950s. TMC failed to identify specific withheld information or demonstrate how it met exemption criteria under the Access to Information Act. TMC also failed to justify refusing to provide a copy of the records. The Information Commissioner found the complaint well-founded and ordered TMC to disclose the records.

• TMC's failure to identify specific withheld information.
• TMC's failure to establish that exemptions applied to the withheld information.
• TMC's failure to justify refusing to provide a copy of the records.
• The age of the records and lack of demonstrable safety threat.

The complainant alleged that the Privy Council Office (PCO) failed to respond to an access request for historical assessments on Russia and former Soviet Union countries within the extended deadline. The Information Commissioner found that PCO's delay was unacceptable, particularly their lengthy consultation process and the excessive time allocated for internal review. The Commissioner ordered PCO to provide a response within 60 business days and recommended a review of their internal processes.

• Failure to respond within the statutory time limits
• Unjustified extension of time for processing access requests
• Inefficiency in internal consultation and approval processes

The complainant alleged that the Impact Assessment Agency of Canada (IAAC) had improperly withheld information related to its 2020-2021 inspection plan. The IAAC withheld information under numerous sections of the Access to Information Act, including exemptions related to federal-provincial affairs, investigations, third-party commercial information, and advice/deliberations. The Information Commissioner found that the IAAC failed to demonstrate that the exemptions were properly applied in many instances and did not adequately exercise its discretion to disclose information. Consequently, the Commissioner ordered the IAAC to disclose significant portions of the withheld information.

• Improper application of exemptions under the Access to Information Act
• Failure to demonstrate reasonable expectation of harm for withheld information
• Inadequate exercise of discretion to disclose information
• Application of third-party commercial and financial information exemptions