Canadian privacy & access decisions

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.

The complainant alleged that the Canada School of Public Service (CSPS) did not conduct a reasonable search for emails from a senior executive and that records were potentially deleted. The investigation found that the CSPS kept the request on hold without lawful authority, failed to retain records responsive to an active access request, and conducted an inadequate search. The Commissioner concluded the complaint was well-founded regarding the search, but found no evidence of an intent to deny access or that the requester's identity was considered. Additional records were eventually found and provided to the complainant.

• Reasonableness of search
• Failure to retain records
• Intent to deny access
• Consideration of requester's identity