Canadian privacy & access decisions

An anonymous applicant complained that the Impact Assessment Agency of Canada (IAAC) improperly withheld information related to its 2020-2021 inspection plan under various sections of the Access to Information Act. The Information Commissioner found that IAAC failed to demonstrate the reasonable expectation of harm or that the conditions for exemption were met for information withheld under sections 14 (federal-provincial affairs), 16(1)(c) (conduct of investigations), 16(2) (facilitating an offence), 20(1)(c) (financial impact on third party), and 24(1) (restricted by other law, specifically s.30(1) of the Impact Assessment Act). Claims under sections 20(1)(b) (third-party confidential information), 21(1)(a), (b), and (c) (advice, consultations, negotiations), and 23 (solicitor-client privilege) were partially upheld, with factual or general identifying information deemed disclosable. The Commissioner also determined that IAAC failed to consider its obligation to exercise discretion regarding disclosure under sections 20(6), 21, and 23. However, information withheld under section 21(1)(d) (personnel management plans) and section 68(a) (published material) was found to be properly exempted or excluded. Consequently, the complaint was well-founded, and IAAC was ordered to disclose the improperly withheld information and re-exercise its discretion for other parts.

• Whether the information met the requirements of s.13(1) ATIA
• Whether the information met the requirements of s.14 ATIA
• Whether the information met the requirements of s.16(1)(c) ATIA
• Whether the information met the requirements of s.16(2) ATIA
• Whether the information met the requirements of s.19(1) ATIA
• Whether the information was financial, commercial, scientific or technical under s.20(1)(b) ATIA
• Whether the information was objectively confidential under s.20(1)(b) ATIA (not publicly available)
• Whether the information was objectively confidential under s.20(1)(b) ATIA (reasonable expectation of non-disclosure)
• Whether the relationship was fostered for public benefit by confidential communication under s.20(1)(b) ATIA
• Whether the information was supplied by a third party under s.20(1)(b) ATIA
• Whether the information was consistently treated as confidential by the third party under s.20(1)(b) ATIA
• Whether the disclosure of information could reasonably be expected to cause material financial impact or harm competitive position under s.20(1)(c) ATIA
• Whether IAAC reasonably exercised its discretion under s.20(6) ATIA
• Whether the information constituted advice or recommendations under s.21(1)(a) ATIA
• Whether factual or general identifying information was severable from advice or recommendations under s.21(1)(a) ATIA
• Whether the information constituted accounts of consultations or deliberations under s.21(1)(b) ATIA
• Whether factual or general identifying information was severable from accounts of consultations or deliberations under s.21(1)(b) ATIA
• Whether the information constituted positions or plans developed for negotiations under s.21(1)(c) ATIA
• Whether factual or general identifying information was severable from positions or plans developed for negotiations under s.21(1)(c) ATIA
• Whether the information constituted plans related to personnel management or administration not yet in operation under s.21(1)(d) ATIA
• Whether the information was subject to solicitor-client or litigation privilege under s.23 ATIA
• Whether IAAC reasonably exercised its discretion under s.21 ATIA and s.23 ATIA
• Whether the disclosure of information was restricted by s.30(1) of the Impact Assessment Act, thereby falling under s.24(1) ATIA
• Whether the information was published or available for purchase under s.68(a) ATIA