Canadian privacy & access decisions

The complainant alleged that Health Canada failed to respond to an access request within the 30-day statutory period, as required by section 7 of the Access to Information Act. The request sought internal and external records related to a Regulatory Impact Analysis Statement for the Regulations Amending the Tobacco Products Regulations. Health Canada acknowledged that it had not responded by the deadline and was deemed to have refused access under subsection 10(3). The institution identified 20,250 pages of responsive records and indicated that extensive consultations with its Legal Services Unit, 10 other government departments, and 25-30 third parties would be required. Health Canada proposed a response date of July 17, 2030, citing the volume and complexity of records, and workload. The Commissioner found this proposed timeline unreasonable given the significant delay already incurred and the complainant's denied access rights. The Commissioner ordered Health Canada to provide a complete response by April 7, 2026, which the institution agreed to implement.

• Whether Health Canada responded to the access request within the 30-day period set out in section 7 of the Access to Information Act
• Whether Health Canada's proposed response date of July 17, 2030, was reasonable

The complainant, a father involved in a custody dispute, submitted an ATIP request to Immigration, Refugees and Citizenship Canada (IRCC) for his minor child's passport application, which had been submitted by his former spouse. He provided a court order authorizing him to obtain his children's information from third parties. IRCC denied the request, stating that the child's consent was required. The complainant alleged that IRCC improperly denied access despite the court order. The OPC investigated whether the complainant had a right of access under paragraph 10(a) of the Privacy Regulations, which allows access on behalf of a minor under certain conditions. The OPC found that while the child was a minor and the complainant had legal authorization to administer the child's affairs, the request was not made on the child's behalf, but rather for the complainant's own interests. Therefore, the third condition of paragraph 10(a) was not met, and IRCC's denial was deemed reasonable.

• Whether the complainant had a right of access to his child’s personal information under section 10 of the Privacy Regulations
• Whether the child was a minor at the time of the ATIP request
• Whether the complainant had legal authorization to administer the child's affairs
• Whether the complainant exercised the right of access on the minor’s behalf
• Whether the child had the decision-making capacity to provide consent for the release of their personal information

The complainant alleged that National Defence (DND) improperly withheld information under subsection 19(1) (personal information) of the Access to Information Act and failed to conduct a reasonable search for records. The request sought records related to the funding of a medical residency training program. DND conceded that it had not properly applied subsection 19(1) in all instances and issued a supplementary disclosure, with the Commissioner finding the remaining withholdings appropriate. However, the Commissioner concluded that DND did not conduct a reasonable search initially, as additional records were found during the investigation, and some responsive records that should have existed were not retained. The Commissioner recommended DND ensure employees receive training and support on information management responsibilities. DND agreed to implement the recommendations and shared a plan for improving records management practices. The complaint was found to be well founded.

• Whether information was properly withheld under subsection 19(1) ATIA
• Whether the information met the requirements of subsection 19(1) ATIA
• Whether DND reasonably exercised its discretion under subsection 19(2) ATIA
• Whether DND conducted a reasonable search for records
• Whether DND failed to pursue inquiries to locate all responsive records

The complainant alleged that Environment and Climate Change Canada (ECCC) failed to respond to an access request within the extended timeframe, as required by subsection 9(1) of the Access to Information Act. The request sought records concerning meetings and lobbying efforts of Pathways Alliance Inc. between January 14, 2023, and May 4, 2023. ECCC received the request on May 4, 2023, and extended the response period by 120 days, setting a new deadline of October 10, 2023, which it failed to meet. The investigation revealed that delays were primarily due to two offices of primary interest (OPIs) taking over 10 months to retrieve responsive records. The Commissioner found this delay unacceptable and concluded that ECCC did not meet its obligations under the Act. The complaint was found to be well founded, and ECCC was ordered to provide a complete response by August 7, 2024, and was given recommendations to improve internal processes.

• Whether Environment and Climate Change Canada responded to the access request within the extended period under subsection 9(1) of the Access to Information Act
• Whether the delay in responding was attributable to a lack of responsiveness from Offices of Primary Interest (OPIs)

The complainant alleged that National Defence (DND) failed to respond to an access request within the 30-day statutory period for documents related to Operation Safe Haven. The OIC found that DND did not respond by the deadline and was deemed to have refused access under subsection 10(3) of the Act. The delay was attributed to the Canadian Forces Intelligence Command (CFINTCOM), an Office of Primary Interest (OPI), which failed to provide responsive records in a timely manner. The Commissioner concluded that this delay was unacceptable and affected DND's ability to meet its obligations under the Act. The complaint was found to be well founded, and DND was ordered to provide a complete response within 60 business days. The Commissioner also recommended DND develop better processes and accountability measures for OPIs regarding timely record provision.

• Whether National Defence responded to the access request within the 30-day period set out in section 7 of the Access to Information Act
• Whether National Defence was deemed to have refused access to the requested records pursuant to subsection 10(3) of the Act
• Whether the delay by the Canadian Forces Intelligence Command (CFINTCOM) in retrieving records was acceptable