Canadian privacy & access decisions

The complainant alleged that Public Services and Procurement Canada (PSPC) improperly processed an access request for a list of COVID-19 related contracts, specifically claiming the institution concealed records. The Office of the Information Commissioner (OIC) investigated the processing of the request, noting that a separate investigation had already found PSPC's delay in responding to be well-founded. This investigation focused on whether PSPC obstructed the right of access by concealing records. The OIC found that PSPC's internal processes, such as grouping requests and issues with obtaining records from the office of primary interest (OPI), led to significant delays. While acknowledging serious failures in processing, the Commissioner found no evidence of intent to conceal records or commit an offense under section 67.1 of the Act. The complaint was ultimately found to be well founded due to PSPC's failure to provide timely access and assist the requester.

• Whether PSPC processed the access request in accordance with the Access to Information Act
• Whether PSPC obstructed the right of access by concealing records
• Whether PSPC met its obligations under subsection 4(2.1) of the ATIA to assist the requester and provide timely access
• Whether there was evidence of an offense under subsection 67.1(1) of the ATIA (obstructing right of access)

The complainant alleged that the Treasury Board of Canada Secretariat (TBS) improperly withheld information under several sections of the Access to Information Act in response to a request for records about increased sick leave prior to retirement. During the investigation, the complainant narrowed the scope of the complaint, dropping the s.19(1) personal information claim and focusing on specific pages. The OIC found that TBS failed to demonstrate a reasonable expectation of harm for its s.18(b) claim, noting the statistical and dated nature of the information and the ongoing nature of negotiations. TBS also failed to substantiate its s.21(1)(a) claim for advice or recommendations. For s.21(1)(c) and s.21(1)(d), the OIC concluded that the information consisted of statistics, not positions, plans for negotiations, or plans related to personnel management. The Information Commissioner recommended full disclosure of the pages at issue, but TBS declined to implement the recommendations. The complaint was found to be well founded.

• Whether s.18(b) ATIA (negotiations by government institutions) was properly applied to statistical and dated information about sick leave usage
• Whether there was a reasonable expectation of harm to negotiations from disclosing sick leave usage data
• Whether s.21(1)(a) ATIA (advice or recommendations) was properly applied to a briefing note on sick leave usage
• Whether the information constituted advice or recommendations under s.21(1)(a)
• Whether s.21(1)(c) ATIA (positions or plans developed for negotiations) was properly applied to statistics and analyses about sick leave usage
• Whether the information consisted of positions or plans developed for negotiations under s.21(1)(c)
• Whether s.21(1)(d) ATIA (plans related to personnel management or administration) was properly applied to statistics and analyses about sick leave usage
• Whether the information consisted of plans related to personnel management or administration under s.21(1)(d)