Canadian privacy & access decisions

The complainant alleged that Immigration, Refugees and Citizenship Canada (IRCC) improperly withheld information under paragraph 21(1)(a) of the Access to Information Act. The request sought Fee Analysis Reports and fee monitoring dashboards containing cost recovery information for immigration application programs from 2013-2019. During the investigation, IRCC also invoked section 23 for the entire records. The Commissioner found that the information did not constitute advice or recommendations under paragraph 21(1)(a), as it appeared to be purely factual and devoid of specific advice. Furthermore, IRCC failed to demonstrate that the records were prepared or gathered for the dominant purpose of litigation, as required for section 23. Consequently, the Commissioner concluded that neither exemption applied. Although an order to release the records was initially intended, IRCC released the information in full before the order was issued, rendering it unnecessary.

• Whether the Fee Analysis Reports and fee monitoring dashboards constitute "advice or recommendations" under s.21(1)(a) ATIA
• Whether the information was created by or for a government institution or Minister for the purpose of s.21(1)(a) ATIA
• Whether the information is subject to solicitor-client privilege under s.23 ATIA
• Whether the information is subject to litigation privilege under s.23 ATIA
• Whether the information was prepared or gathered for the dominant purpose of litigation for s.23 ATIA