Canadian Privacy Decisions

The complainant alleged that Public Services and Procurement Canada (PSPC) failed to provide records related to a designated substances report. PSPC provided some records but claimed others were not under its control. The Information Commissioner found that these records, although not in PSPC's physical possession, were under its control due to contractual obligations with a third-party contractor. The Commissioner ordered PSPC to retrieve and process these records.

• Whether records held by a third-party contractor were under the control of PSPC for the purposes of the Access to Information Act.
• Whether PSPC conducted a reasonable search for the requested records.

The complainant alleged that the Transportation Safety Board of Canada (TSB) improperly withheld records related to an aircraft incident under various exemptions related to personal information and confidential third-party information. The OIC found that TSB failed to provide sufficient evidence to justify withholding the records under the claimed exemptions. Consequently, the Information Commissioner ordered TSB to disclose the records, and TSB agreed to comply.

• Failure to meet the requirements for withholding information under section 19(1) (personal information) of the ATIA.
• Failure to meet the requirements for withholding information under section 20(1)(b) (confidential third-party financial, commercial, scientific or technical information) of the ATIA.
• Failure to meet the requirements for withholding information under section 20(1)(c) (financial impact on a third party) of the ATIA.
• Failure to meet the requirements for withholding information under section 20(1)(d) (negotiations by a third party) of the ATIA.

The complainant alleged that Natural Resources Canada (NRCan) improperly withheld records concerning NRCan's representatives on the Board of Governors of the Maritime College of Forest Technology (MCFT). The exemptions cited were paragraphs 20(1)(b), 20(1)(c), and 20(1)(d) of the Access to Information Act, relating to confidential third-party information, financial impact, and negotiations. The Commissioner found that NRCan and MCFT failed to meet the criteria for these exemptions, particularly regarding confidentiality and the reasonable expectation of harm. Consequently, the Commissioner ordered NRCan to disclose the withheld information, except for any personal information or legal advice/litigation privilege that was also withheld.

• Confidentiality requirements for paragraph 20(1)(b)
• Reasonable expectation of harm for paragraphs 20(1)(c) and 20(1)(d)
• Burden of proof on institution and third party
• Control of records

The complainant alleged that the Atlantic Canada Opportunities Agency (ACOA) improperly withheld information related to a grant made to the Organisation for Economic Co-operation and Development (OECD) under sections 20(1)(b) and 20(1)(d) of the Access to Information Act. The Information Commissioner found that neither ACOA nor the OECD provided sufficient evidence to justify withholding the information under these exemptions. Consequently, the Commissioner ordered ACOA to disclose the records in their entirety, an order which ACOA stated it would implement.

• Whether information concerning a grant to a third party was properly withheld under subsection 20(1)(b) (confidential third-party financial, commercial, scientific or technical information).
• Whether information related to the grant was properly withheld under paragraph 20(1)(d) (contractual or other negotiations of a third party).
• The burden of proof on the institution and/or third party to demonstrate that exemptions apply.
• The nature of confidentiality and reasonable expectation of non-disclosure for financial information.