Canadian privacy & access decisions

The complainant alleged that Shared Services Canada (SSC) improperly withheld information from a Gartner, Inc. report on cloud economics under various sections of the Access to Information Act. Initially, SSC claimed exemptions under subsections 19(1), 20(1)(b), 20(1)(c), and 20(1)(d), later dropping 19(1) and 20(1)(d) but adding 16(2). Gartner also asserted exemptions under 20(1)(a) and 68(a). The Commissioner found that while some information met the requirements of paragraph 20(1)(b), much of the claimed information did not, including administrative details and government-supplied data. The Commissioner also concluded that SSC failed to properly exercise discretion for information withheld under subsection 16(2) and did not establish that paragraphs 20(1)(a) or 20(1)(c) applied. Furthermore, SSC failed to adhere to severance requirements under section 25. The complaint was found to be well founded, and SSC was ordered to re-exercise discretion for the subsection 16(2) claim and disclose specific portions of the report.

• Whether the complaint falls under paragraph 30(1)(a) of the Act
• Whether subsection 19(1) (personal information) applied to the information
• Whether paragraph 20(1)(d) (negotiations by a third party) applied to the information
• Whether subsection 16(2) (facilitating the commission of an offence) applied to the security measures on page 134
• Whether Shared Services Canada reasonably exercised its discretion under subsection 16(2)
• Whether paragraph 20(1)(a) (third-party trade secrets) applied to the information
• Whether the information was a "plan or process, tool, mechanism or compound" under paragraph 20(1)(a)
• Whether the information was "secret" under paragraph 20(1)(a)
• Whether the third party intended to treat the information as secret under paragraph 20(1)(a)
• Whether paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information) applied to the information
• Whether the information was financial, commercial, scientific or technical under paragraph 20(1)(b)
• Whether the information was objectively confidential under paragraph 20(1)(b) (not available from other sources)
• Whether the information was objectively confidential under paragraph 20(1)(b) (reasonable expectation of non-disclosure)
• Whether the information was objectively confidential under paragraph 20(1)(b) (relationship fostered for public benefit)
• Whether the third party supplied the information to a government institution under paragraph 20(1)(b)
• Whether the third party consistently treated the information as confidential under paragraph 20(1)(b)
• Whether paragraph 20(1)(c) (financial impact on a third party) applied to the information
• Whether disclosure could result in material financial loss or gain to the third party under paragraph 20(1)(c)
• Whether disclosure could injure the competitive position of the third party under paragraph 20(1)(c)
• Whether there was a reasonable expectation of harm well beyond a mere possibility under paragraph 20(1)(c)
• Whether section 25 (severance) was properly applied by Shared Services Canada
• Whether paragraph 20(1)(b) applied to administrative details
• Whether paragraph 20(1)(b) applied to introductory slides
• Whether paragraph 20(1)(b) applied to engagement objectives
• Whether paragraph 20(1)(b) applied to section title slides
• Whether paragraph 20(1)(b) applied to table of contents
• Whether paragraph 20(1)(b) applied to government information
• Whether paragraph 20(1)(b) applied to file names and icons
• Whether paragraph 20(1)(b) applied to project-specific advice paid for by the government
• Whether paragraph 20(1)(b) applied to application names and descriptions

The complainant alleged that Parks Canada failed to respond to an access request within the extended time limit under subsection 9(1) of the Access to Information Act. The request sought records related to human activity and coastal erosion impacts on culturally significant areas within Gulf Islands National Park Reserve, and records leading to the park's closure decision. Parks Canada received the request on May 5, 2025, and extended the response period to October 27, 2025, but failed to respond by this date, leading to a deemed refusal under subsection 10(3). The institution attributed the delay to staffing shortages, technical issues with redaction software, and the need for extensive third-party consultations, particularly with First Nations due to the sensitive nature of the records. The Commissioner found the technical delays unacceptable and emphasized that staffing issues and competing priorities do not justify delays under the Act. Parks Canada committed to providing a partial response by February 27, 2026, and a complete response by April 30, 2026. The Commissioner ordered Parks Canada to provide a complete response by April 30, 2026, which the institution agreed to implement.

• Whether Parks Canada responded to the access request within the extended time limit under subsection 9(1) of the ATIA
• Whether technical issues with redaction software justify delay in responding to an access request
• Whether staffing shortages and heavy workload justify delay in responding to an access request
• Whether the need for third-party consultations justifies delay in responding to an access request

The complainant alleged that Innovation, Science and Economic Development Canada (ISED) failed to respond to an access request within the extended timeframe, constituting a deemed refusal under subsection 10(3) of the Access to Information Act. The request sought records related to parliamentary consideration of electric vehicle battery manufacturing facilities, agreements between manufacturers and the Government of Canada, and the use of foreign workers in these facilities. ISED had extended the response deadline by 300 days, but failed to meet it, primarily due to a lack of responsiveness from its Industry Sector. The Commissioner found the delay unacceptable and noted that the complainant had been waiting almost 18 months for a response. The Commissioner ordered ISED to provide a complete response within 60 business days of the final report. ISED indicated its intention to comply with the order, and the complaint was found to be well founded.

• Whether the institution responded within the extended time limits under subsection 9(1) of the Access to Information Act
• Whether the institution is deemed to have refused access under subsection 10(3) of the Access to Information Act

The complainant alleged that Health Canada improperly withheld information under paragraphs 20(1)(b) and 20(1)(c) of the Access to Information Act, related to submissions for using Anafranil / Altius Clomipramine in the treatment of obsessive-compulsive disorder. During the investigation, the complainant narrowed the scope of the complaint to specific pages and no longer pursued the personal information exemption. Both Health Canada and the third party, AA Pharma Inc., declined to provide detailed representations to support the exemptions, stating that due to the passage of time, the exemptions no longer applied. The Information Commissioner found that the institution and third party failed to demonstrate that the exemptions were still applicable. Consequently, the Commissioner ordered Health Canada to disclose the information. Health Canada notified the Commissioner of its intent to comply with the order.

• Whether the information met the requirements of s.20(1)(a) ATIA (third-party trade secrets)
• Whether the information met the requirements of s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information)
• Whether the information met the requirements of s.20(1)(c) ATIA (financial impact on a third party)

The complainant alleged that Fisheries and Oceans Canada (DFO) improperly withheld records related to commercial fishing agreements with Eskasoni First Nation (EFN) from 2000 to 2020, citing exemptions under subsections 19(1), 20(1)(b), and 20(1)(c) of the Access to Information Act. The Information Commissioner found that DFO correctly applied subsection 19(1) to personal information that remained after some signatures were voluntarily disclosed. However, for much of the information withheld under paragraph 20(1)(b), DFO and EFN failed to demonstrate that it was objectively confidential, supplied by a third party, or consistently treated as confidential, leading to its rejection for many portions. The Commissioner upheld paragraph 20(1)(b) for specific financial details like EFN contribution amounts, salary information, activity costs, and supplier quotes. Furthermore, the Commissioner rejected the application of paragraph 20(1)(c), concluding that the alleged financial harm or competitive injury was speculative and lacked concrete evidence. Consequently, the complaint was found to be well founded. DFO was ordered to disclose the information improperly withheld under paragraphs 20(1)(b) and 20(1)(c), and the institution agreed to implement the order.

• Whether the information met the definition of "personal information" under s.19(1) ATIA.
• Whether DFO reasonably exercised its discretion under s.19(2) ATIA regarding personal information.
• Whether the information was financial, commercial, scientific, or technical under s.20(1)(b) ATIA.
• Whether the information was objectively confidential under s.20(1)(b) ATIA.
• Whether the information was not otherwise available from public sources (sub-criterion of confidentiality).
• Whether the information originated and was communicated with a reasonable expectation of confidence (sub-criterion of confidentiality).
• Whether the relationship between the government and third party would be fostered for public benefit by keeping the information confidential (sub-criterion of confidentiality).
• Whether the information was supplied by a third party to a government institution under s.20(1)(b) ATIA.
• Whether the third party consistently treated the information as confidential under s.20(1)(b) ATIA.
• Whether disclosure of the information could reasonably be expected to have a material financial impact on a third party under s.20(1)(c) ATIA.
• Whether disclosure of the information could reasonably be expected to harm a third party's competitive position under s.20(1)(c) ATIA.
• Whether the alleged harm under s.20(1)(c) ATIA was well beyond a mere possibility or speculative.

The complainant alleged that Public Services and Procurement Canada (PSPC) took an unreasonable extension of time under subsection 9(1) of the Access to Information Act to respond to a request for documents related to parliamentary consideration of ArriveCAN. The OIC investigated two allegations: that the extension was unreasonable (s.30(1)(c)) and that it did not meet the requirements of section 9 (s.30(1)(a)). PSPC had extended the response time by 600 days under paragraph 9(1)(a) for volume of records and 150 days under paragraph 9(1)(b) for consultations. The OIC found that the extension under 9(1)(a) was reasonable due to the large volume of records and potential interference with operations. However, the OIC determined that the 150-day extension under 9(1)(b) was not reasonable because PSPC relied primarily on service standards rather than a genuine assessment of the actual time required for consultations. Consequently, the OIC concluded that PSPC was deemed to have refused access under subsection 10(3) and ordered PSPC to provide a complete response by June 1, 2026, also recommending interim releases for non-consultation documents. PSPC agreed to implement the order and recommendation.

• Whether the extension of time taken under subsection 9(1) was unreasonable (s.30(1)(c))
• Whether the extension of time taken met the requirements of section 9 (s.30(1)(a))
• Whether the request was for a large number of records under paragraph 9(1)(a)
• Whether meeting the 30-day deadline would unreasonably interfere with the institution’s operations under paragraph 9(1)(a)
• Whether the extension of time under paragraph 9(1)(a) was for a reasonable period
• Whether consultations were necessary under paragraph 9(1)(b)
• Whether consultations could reasonably be completed within 30 days under paragraph 9(1)(b)
• Whether the extension of time under paragraph 9(1)(b) was for a reasonable period
• Whether PSPC was deemed to have refused access pursuant to subsection 10(3)

An anonymous applicant complained that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) improperly withheld a 2000 land claim settlement agreement with the Squamish Nation. CIRNAC initially claimed exemptions under paragraphs 20(1)(b), 20(1)(c), and section 23 of the Access to Information Act, later adding paragraphs 18(b) and 20(1)(d) during the investigation. The Information Commissioner found that CIRNAC failed to demonstrate how any of the claimed exemptions applied to the records. Specifically, the institution did not establish a reasonable expectation of harm for the harms-based exemptions, nor did it meet all criteria for the class-based exemption. The Commissioner also rejected the argument that common law settlement privilege could be a stand-alone basis for refusal under the Act. Consequently, the complaint was found to be well-founded, and CIRNAC was ordered to disclose the records in their entirety. However, CIRNAC notified the Commissioner that it would not implement the order.

• Whether the information met the requirements of s.18(b) (competitive position or negotiations of a government institution)
• Whether the circumstances for exercising discretion under s.18(b) existed
• Whether the information met the requirements of s.20(1)(b) (confidential third-party financial, commercial, scientific or technical information)
• Whether the circumstances for exercising discretion under s.20(1)(b) existed
• Whether the information met the requirements of s.20(1)(c) (material financial impact on a third party or harm to its competitive position)
• Whether the circumstances for exercising discretion under s.20(1)(c) existed
• Whether the information met the requirements of s.20(1)(d) (interference with contractual or other negotiations of a third party)
• Whether the circumstances for exercising discretion under s.20(1)(d) existed
• Whether the information met the requirements of s.23 (solicitor-client or litigation privilege)
• Whether the circumstances for exercising discretion under s.23 existed
• Whether common law settlement privilege can be invoked as a stand-alone basis for refusing disclosure under the Access to Information Act
• Whether the public interest in access outweighed the public interest in preserving settlement privilege
• Whether CIRNAC fulfilled its severance obligations under s.25 of the Act

The complainant alleged that Fisheries and Oceans Canada (DFO) improperly withheld records related to an application for a Fisheries Act authorization for a berth expansion project. DFO initially withheld information under subsections 19(1) (personal information), 20(1)(b) (confidential third-party information), and 20(1)(c) (financial impact on a third party) of the Access to Information Act. A third party also argued for the application of paragraph 20(1)(d) (interference with negotiations). The Information Commissioner found that DFO failed to demonstrate that most of the withheld information met the requirements for paragraphs 20(1)(b), 20(1)(c), and 20(1)(d), citing issues with confidentiality, public availability, and lack of demonstrated harm. However, the Commissioner upheld the application of subsection 19(1) for personal information. Consequently, the complaint was found to be well founded, and DFO was ordered to disclose all information except that properly withheld under subsection 19(1). DFO notified the Commissioner of its intent to comply with the order.

• Whether DFO properly withheld information under s.19(1) ATIA
• Whether the information met the definition of "personal information" under s.19(1) ATIA
• Whether any circumstances under s.19(2) ATIA existed to require discretion to disclose
• Whether DFO properly withheld information under s.20(1)(b) ATIA
• Whether the information was financial, commercial, scientific, or technical under s.20(1)(b) ATIA
• Whether the information was objectively confidential under s.20(1)(b) ATIA
• Whether the information was publicly available (as a criterion for confidentiality under s.20(1)(b) ATIA)
• Whether the information was communicated with a reasonable expectation of confidentiality under s.20(1)(b) ATIA
• Whether the relationship between DFO and the third party would be fostered for public benefit by maintaining confidentiality under s.20(1)(b) ATIA
• Whether the information was supplied by a third party to a government institution under s.20(1)(b) ATIA
• Whether the third party consistently treated the information as confidential under s.20(1)(b) ATIA
• Whether DFO properly withheld information under s.20(1)(c) ATIA
• Whether disclosure could reasonably be expected to result in material financial loss or gain to the third party under s.20(1)(c) ATIA
• Whether disclosure could reasonably be expected to injure the competitive position of the third party under s.20(1)(c) ATIA
• Whether DFO properly withheld information under s.20(1)(d) ATIA (as argued by third party)
• Whether a third party is or will be conducting contractual or other negotiations under s.20(1)(d) ATIA
• Whether disclosure could reasonably be expected to interfere with those negotiations under s.20(1)(d) ATIA

An institution applied to the Information Commissioner under subsection 6.1(1) of the Access to Information Act to decline to act on a 42-page access request containing 196 items, arguing it was vexatious, made in bad faith, and an abuse of the right of access. The requester objected to the institution unilaterally splitting the request into 196 separate files and argued that the Commissioner could not be impartial due to OIC employees visiting their company website. The Commissioner found that the institution had established that the request was an abuse of the right of access due to its excessive breadth and the burden it placed on the institution, despite the requester's modifications to the request being deemed untimely. The Commissioner also found that the institution had fulfilled its duty to assist the requester. Consequently, the Commissioner granted the institution's application to decline to act on the request.

• Whether the access request was vexatious under s.6.1(1) ATIA
• Whether the access request was made in bad faith under s.6.1(1) ATIA
• Whether the access request was an abuse of the right of access under s.6.1(1) ATIA
• Whether the Commissioner had a conflict of interest
• Whether OIC employees visiting the requester's website constituted a breach of procedural fairness
• Whether the institution's employees had a conflict of interest
• Whether the requester's modifications to the request rendered the application moot
• Whether the institution met its duty to assist the requester under s.4(2.1) ATIA

The complainant alleged that Public Safety Canada improperly withheld information under subsection 19(1) and paragraph 20(1)(b.1) of the Access to Information Act, concerning user agreements for the national public alerting system. During the investigation, the complainant narrowed the scope, no longer requiring investigation into subsection 19(1) or information on pages 1-12. The OIC found that neither Public Safety nor the third party, Pelmorex Communications, could demonstrate that the agreements were "supplied" by the third party, a key requirement for exemptions 20(1)(b.1) and 20(1)(b). Public Safety also invoked subsection 16(2) for a DocuSign ID, but the Commissioner found no reasonable expectation of harm. Consequently, the Commissioner ordered Public Safety to disclose the records in their entirety, excluding information previously withheld under subsection 19(1). Public Safety agreed to implement the order, and the complaint was found to be well founded.

• Whether information in negotiated agreements was "supplied" by a third party for the purpose of s.20(1)(b.1) ATIA
• Whether information in negotiated agreements was "supplied" by a third party for the purpose of s.20(1)(b) ATIA
• Whether disclosure of a DocuSign envelope identification number could reasonably be expected to facilitate the commission of an offence under s.16(2) ATIA

The complainant alleged that Transport Canada improperly withheld information from contracts related to an aggregate extraction operation on land leased to the Ottawa International Airport Authority (OIAA), claiming exemptions under paragraphs 20(1)(b), 20(1)(c), and 20(1)(d) of the Access to Information Act. The Information Commissioner found that while some financial information met the requirements of paragraph 20(1)(c) due to potential harm to competitive position, and certain commercial/technical information met some requirements of paragraph 20(1)(b), the institution and third parties failed to demonstrate that the entirety of the contract was confidential or that its disclosure would interfere with negotiations. Specifically, much of the information was found to be publicly available, negating the confidentiality claim for those portions. The Commissioner concluded that the institution had improperly withheld significant parts of the contract. The complaint was found to be well founded, and Transport Canada was ordered to disclose the content of the contract, with specific redactions for information that met the exemption criteria.

• Whether s.20(1)(c) financial impact on a third party was reasonably expected
• Whether s.20(1)(b) information was financial, commercial, scientific or technical
• Whether s.20(1)(b) information was confidential
• Whether s.20(1)(b) information was supplied by a third party to a government institution
• Whether s.20(1)(b) information was consistently treated as confidential by the third party
• Whether s.20(1)(d) interference with contractual or other negotiations of a third party was reasonably expected

The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) failed to respond to an access request within the extended timeframe, constituting a deemed refusal under subsection 10(3) of the Access to Information Act. The request sought "Activity Progress Reports" related to the Tk'emlups Indian Residential School Survivor Project or "missing children" programs from April 1, 2021. CIRNAC attributed the delay to "resource limitations" and stated that the review of records had not yet begun, despite identifying 576 relevant pages. The Information Commissioner found CIRNAC's reason for delay unacceptable, emphasizing that the Act does not permit delays due to staffing issues or competing priorities. The Commissioner concluded that CIRNAC contravened its obligations and ordered the institution to provide a complete response within 36 business days. CIRNAC subsequently agreed to implement the order, and the complaint was found to be well founded.

• Whether the institution responded within the extended time limits under subsection 9(1) of the Access to Information Act
• Whether 'resource limitations' constitute a valid reason for delay in responding to an access request

The complainant requested records concerning noise and vibration studies for the Pitt Meadows Road and Rail Project. The Vancouver Fraser Port Authority (VFPA) withheld information under several exemptions and provided some documents in an illegible format. The Commissioner found that the VFPA improperly withheld information under sections 18(b), 18(d), 20(1)(b), 20(1)(d), 21(1)(a), and 21(1)(d) of the Act, and failed its duty to assist by providing illegible records. While some information was properly withheld under sections 13(1), 18(b), 18(d), 19(1), and 21(1)(a), the institution could not justify the application of other exemptions or the illegibility of records. Specifically, section 20(1)(b) and (d) claims were rejected due to a lack of objective confidentiality and speculative harm. The complaint was found to be well-founded, and the Commissioner ordered the VFPA to disclose specific information and provide legible copies of records. The VFPA notified the Commissioner of its intent to comply with the order.

• Whether s.13(1) confidential information from government bodies applied to pages 396-397 of Part 2.
• Whether s.13(1) confidential information from government bodies applied to page 398 of Part 2 (VFPA's own email signature/COVID message).
• Whether the VFPA reasonably exercised discretion under s.13(2) for information meeting s.13(1).
• Whether s.18(b) competitive position or negotiations applied to specific estimated costs, specifics of the draft partnership agreement, and details of selected/preferred options.
• Whether s.18(b) competitive position or negotiations applied to peripheral details (e.g., where funding was requested from).
• Whether s.18(b) competitive position or negotiations applied to information showing no clear preference or options not seriously considered.
• Whether the VFPA reasonably exercised discretion under s.18(b) for information meeting the exemption.
• Whether s.18(d) government financial interests or undue benefit applied to specific costing information.
• Whether s.18(d) government financial interests or undue benefit applied to potential measures or number of mitigation options.
• Whether s.19(1) personal information applied to names of third-party employees.
• Whether the VFPA reasonably exercised discretion under s.19(2) for information meeting s.19(1).
• Whether s.20(1)(b) confidential third-party financial, commercial, scientific or technical information was financial, commercial, scientific or technical.
• Whether s.20(1)(b) information was objectively confidential (not publicly available, reasonable expectation of confidence, fostered public benefit).
• Whether s.20(1)(b) information was supplied by a third party (specifically, negotiated terms).
• Whether s.20(1)(b) information was consistently treated as confidential by the third party.
• Whether s.20(1)(d) negotiations by a third party applied to information withheld by CP.
• Whether s.21(1)(a) advice or recommendations applied to information on pages 428-429 of Part 2.
• Whether s.21(1)(a) advice or recommendations applied to objective, factual, or statistical information.
• Whether s.21(1)(a) advice or recommendations applied to data relating to the number of receivers exceeding criteria.
• Whether the VFPA reasonably exercised discretion under s.21(1)(a) for information meeting the exemption.
• Whether s.21(1)(d) plans related to personnel management or administration applied to plans for future growth.
• Whether s.21(1)(d) was contravened by applying it to a consultant's slide deck (s.21(2)(b)).
• Whether the VFPA met its obligations under s.4(2.1) to make every reasonable effort to assist the complainant by providing legible copies.

The complainant alleged that Bell Canada contravened PIPEDA by failing to respond to an access request within 30 days and by denying access to his cellphone logs. The OPC found that Bell contravened subsection 8(3) of PIPEDA for the delayed response and Principle 4.9 for denying access, as the phone logs constituted the complainant's personal information. The OPC determined that the complainant's privacy interest in his phone logs outweighed the ex-spouse's interest, and there was a public interest in disclosure. Bell agreed to provide the requested logs to the complainant, resolving that aspect of the complaint. Bell also committed to implementing recommendations to improve its access request procedures and enhance openness regarding data access on shared accounts, leading to a conditionally resolved outcome for these issues.

• Whether Bell responded to the Complainant’s access request within thirty days as per subsection 8(3) of PIPEDA
• Whether Bell adequately responded to the Complainant’s request to access his personal information under Principle 4.9 of PIPEDA
• Whether phone logs relating to a specific phoneline constitute the personal information of the phoneline's user, even if they are not the account holder
• Whether the Complainant's interest in accessing the phone logs is greater than the ex-spouse's interest in non-disclosure of the phone logs
• Whether Bell was sufficiently open with individuals about account holders' access to phone usage details on shared accounts, contrary to PIPEDA's Openness principle (Principle 4.8.1)

The complainant alleged that Library and Archives Canada (LAC) failed to respond to an access request within the 30-day period stipulated by section 7 of the Access to Information Act. The request sought extensive information related to the Métis Nation, treaties, and the Native Women's Association of Canada, covering a broad historical period. LAC argued that the request was too broad and vague, lacking sufficient detail for experienced employees to identify specific records with reasonable effort, and that responding would require extensive historical and legal research beyond its mandate. The OIC determined that the request did not meet the requirements of section 6 of the Act, which mandates that requests provide enough detail for records to be identified with reasonable effort. Despite LAC's attempts to seek clarification and offer assistance through its reference services, the complainant did not provide further specifics. Consequently, the OIC concluded that LAC was not obligated to process the request and was not in deemed refusal. The complaint was found to be not well founded.

• Whether Library and Archives Canada responded to the access request within the 30-day period
• Whether the access request provided enough detail for experienced institutional employees to identify relevant records with a reasonable effort under section 6 of the ATIA
• Whether the institution's efforts to seek clarification from the requester were reasonable
• Whether the institution was in deemed refusal pursuant to subsection 10(3) of the ATIA