
Review Report 145-2022 — Saskatchewan Human Rights Commission
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The complainant alleged that Trans Mountain Corporation (TMC) improperly responded to an access request by invoking section 10(2) of the Access to Information Act, refusing to confirm or deny the existence of records, and indicating that any responsive records would be withheld under section 16(2) (facilitating the commission of an offence). The Information Commissioner found that TMC failed to demonstrate that the existence of records itself warranted withholding, especially since TMC had previously acknowledged similar records. Furthermore, TMC did not sufficiently establish that any responsive records would meet the criteria for exemption under section 16(2).
The OIC ordered Fisheries and Oceans Canada to provide a complete response to the access request as soon as possible but no later than February 1, 2023..
The OIC ordered Indigenous Services Canada to initiate any required consultations with third parties by no later than December 19, 2022. Process and send to the requester, by no later than December 30, 2022, an interim response of all records not under consultation. Send a complete response to the access request by no later than February 28, 2023..

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