Canadian privacy & access decisions

The Information Commissioner initiated a systemic investigation into Library and Archives Canada's (LAC) delayed responses to access requests. This investigation was prompted by a long-standing trend of LAC failing to meet legislative deadlines for responding to access requests, which worsened during the COVID-19 pandemic. The investigation found that during the period under review, nearly 80% of requests completed by LAC did not comply with the timeframes set out in the Access to Information Act. The Commissioner informed the Minister of Canadian Heritage, as the head of LAC, of these findings and made ten recommendations. A special report was subsequently tabled in Parliament, highlighting issues within LAC and broader challenges in Canada's access to information system, specifically regarding inter-institutional consultations and the absence of a government-wide declassification framework.

• Whether Library and Archives Canada was responding to access requests within the legislative deadlines
• Whether the delays in responding to access requests constituted a systemic issue

The complainant alleged that the Vancouver Fraser Port Authority (VFPA) improperly withheld information under paragraphs 18(b), 18(d), 20(1)(b), and 20(1)(d) of the Access to Information Act, concerning records related to $103 million in funding from the National Trade Corridors Fund. The OIC found that VFPA did not demonstrate that all information withheld under paragraphs 18(b) and 18(d) met the exemption requirements. Specifically, VFPA agreed to disclose some information initially withheld under these sections. For paragraphs 20(1)(b) and 20(1)(d), neither VFPA nor the third party (Canadian National Railway) provided sufficient evidence to justify the exemptions. The Commissioner ordered VFPA to disclose all information withheld under paragraphs 20(1)(b) and 20(1)(d), and specific information withheld under paragraphs 18(b) and 18(d). VFPA subsequently agreed to implement the order, leading to a well-founded complaint.

• Whether s.18(b) ATIA (competitive position or negotiations of government institutions) was properly applied to fiscal year budgeting, Monitoring Committee, and project information
• Whether s.18(b) ATIA (competitive position or negotiations of government institutions) was properly applied to estimated project expenditures and contributions
• Whether the institution reasonably exercised its discretion under s.18(b) ATIA
• Whether s.18(d) ATIA (government financial interests, ability to manage economy, undue benefit) was properly applied to commodity information
• Whether s.18(d) ATIA (government financial interests, ability to manage economy, undue benefit) was properly applied to certain project details
• Whether s.18(d) ATIA (government financial interests, ability to manage economy, undue benefit) was properly applied to future development plans
• Whether s.18(d) ATIA (government financial interests, ability to manage economy, undue benefit) was properly applied to project costs
• Whether the institution reasonably exercised its discretion under s.18(d) ATIA
• Whether s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information) was properly applied to project descriptions and CN funding information
• Whether the information is financial, commercial, scientific or technical under s.20(1)(b) ATIA
• Whether the information is confidential by an objective standard 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 s.20(1)(d) ATIA (negotiations by a third party) was properly applied to the name of a contributor and contribution amount from CN
• Whether there was a reasonable expectation of interference with third-party negotiations under s.20(1)(d) ATIA