Canadian privacy & access decisions

The Information Commissioner initiated a complaint against Canadian Heritage (PCH) after reports indicated the institution had suspended processing access requests due to the COVID-19 pandemic. The investigation revealed that PCH's Access to Information and Privacy Secretariat could not access its work premises or departmental network remotely between March 16, 2020, and July 10, 2020. This resulted in a backlog of 224 access requests. The Commissioner found that PCH's failure to respond to these requests was not justified by any of the circumstances outlined in subsection 9(1) of the Act, thereby breaching requesters' quasi-constitutional rights of access. The complaint was deemed well-founded, and the Commissioner made six recommendations to the Minister of Canadian Heritage, who agreed to implement corrective measures.

• Whether the institution's suspension of access request processing constituted a breach of the Access to Information Act
• Whether the institution's failure to respond to requests was justified under subsection 9(1) of the Act

The complainant challenged Transport Canada's decision to withhold information concerning vehicle safety recall completion rates, citing sections 14, 20, and 21 of the Access to Information Act. The Office of the Information Commissioner (OIC) requested submissions from the complainant, Transport Canada, and a third party. The Commissioner determined that neither Transport Canada nor the third party had adequately demonstrated that the claimed exemptions applied to the information in question. Consequently, the Commissioner recommended that Transport Canada disclose all previously withheld information, excluding any personal information. Transport Canada confirmed its intention to implement these recommendations. The complaint was found to be well founded.

• Whether s.14 ATIA (federal-provincial affairs) applied to the withheld information
• Whether s.20 ATIA (third-party information) applied to the withheld information
• Whether s.21 ATIA (advice and recommendations) applied to the withheld information
• Whether Transport Canada and the third party met their burden of proof for the claimed exemptions