Canadian Privacy Decisions

The Information Commissioner initiated a systemic investigation into Library and Archives Canada (LAC) due to consistently delayed responses to access requests over several years. The investigation found that nearly 80% of requests completed by LAC during the period under review did not meet the timeframes stipulated by the Access to Information Act. The Commissioner made ten recommendations to the Minister of Canadian Heritage, and subsequently tabled a special report in Parliament highlighting issues at LAC and broader challenges within the access to information system.

• Timeliness of access to information requests
• Consultation processes between institutions
• Lack of a government-wide declassification framework

The complainant alleged that the Vancouver Fraser Port Authority (VFPA) improperly withheld records related to $103 million in funding from the National Trade Corridors Fund. The VFPA cited exemptions related to government interests, negotiations, and confidential third-party information. The Information Commissioner found that the VFPA failed to demonstrate that all withheld information met the requirements for exemptions under paragraphs 18(b) and 18(d). Furthermore, the VFPA and the third party, Canadian National Railway, did not demonstrate that the exemptions under paragraphs 20(1)(b) and 20(1)(d) were met. The Commissioner ordered the disclosure of all information withheld under paragraphs 20(1)(b) and 20(1)(d), and specific information withheld under paragraphs 18(b) and 18(d). The VFPA agreed to implement the order.

• Whether the Vancouver Fraser Port Authority properly applied exemptions under paragraphs 18(b), 18(d), 20(1)(b), and 20(1)(d) of the Access to Information Act.
• Whether the Vancouver Fraser Port Authority discharged its burden to demonstrate that the withheld information met the requirements of the cited exemptions.
• Whether the third party, Canadian National Railway, met the requirements for the application of exemptions under paragraphs 20(1)(b) and 20(1)(d).
• Whether the Vancouver Fraser Port Authority reasonably exercised its discretion in withholding information.