Canadian privacy & access decisions

The complainant alleged that Public Services and Procurement Canada (PSPC) improperly withheld information under paragraphs 18(b) and 20(1)(d), and subsection 19(1) of the Access to Information Act, related to the use of Indigenous languages in House of Commons proceedings. The OIC investigation found that the claim under subsection 19(1) was no longer pursued by the complainant. PSPC failed to demonstrate that most of the withheld information met the requirements of paragraphs 18(b) or 20(1)(d), except for per diem rates under paragraph 18(b). However, the Commissioner found that PSPC did not reasonably exercise its discretion when deciding to withhold these per diem rates, as it did not consider all relevant factors, including those favoring disclosure. The Commissioner ordered PSPC to disclose the information improperly withheld under paragraphs 18(b) and 20(1)(d) and to re-exercise its discretion regarding the per diem rates. PSPC agreed to implement the order.

• Whether the information met the requirements of s.20(1)(d) ATIA (negotiations by a third party)
• Whether disclosure of information could interfere with contractual or other negotiations of a third party under s.20(1)(d) ATIA
• Whether there was a reasonable expectation of harm under s.20(1)(d) ATIA
• Whether the information met the requirements of s.18(b) ATIA (negotiations by government institutions)
• Whether disclosure of estimates for per diem fees could reasonably be expected to interfere with PSPC's negotiations under s.18(b) ATIA
• Whether disclosure of other information could reasonably be expected to interfere with negotiations under s.18(b) ATIA
• Whether PSPC reasonably exercised its discretion to decide whether to disclose per diem rates under s.18(b) ATIA
• Whether PSPC considered all relevant factors for and against disclosure when exercising discretion