Canadian Privacy Decisions

The complainant alleged that Immigration, Refugees and Citizenship Canada (IRCC) improperly withheld Fee Analysis Reports and fee monitoring dashboards under paragraph 21(1)(a) (advice or recommendations) and section 23 (legal advice and litigation privilege) of the Access to Information Act. The OIC found that the records were primarily factual and did not meet the requirements for either exemption. Although the OIC intended to order the release of the records, IRCC released them voluntarily before the order was issued.

• Whether the Fee Analysis Reports and fee monitoring dashboards constitute 'advice or recommendations' under paragraph 21(1)(a) of the ATIA.
• Whether the records were prepared for the dominant purpose of litigation, as required for exemption under section 23 of the ATIA.
• Whether IRCC's search for records was complete.