Canadian privacy & access decisions

A federal institution sought the Information Commissioner's approval under subsection 6.1(1) of the Access to Information Act to decline to act on two access requests, arguing they constituted an abuse of the right of access. The institution claimed the requests would overburden its operations, were repetitive, and were directed towards an improper purpose, such as gaining an advantage in ongoing legal proceedings. Specifically, it estimated the first request would yield one million pages and take ten years to process, and the second request sought records related to the extension claimed for the first. The Commissioner found the institution failed to provide sufficient evidence to substantiate its claims regarding the volume of records, the impact on its resources, or the alleged repetitive nature of the requests. The Commissioner also determined there was no concrete evidence that the requests were made for an improper purpose. Consequently, the Commissioner denied the institution's application, meaning the institution must process the access requests. The Commissioner encouraged both parties to continue collaborating to reduce the volume of responsive records.

• Whether the access requests constitute an abuse of the right to make a request under subsection 6.1(1) of the Access to Information Act
• Whether the requests would overburden the institution's operations
• Whether the institution provided sufficient evidence to support its estimated volume of records for the first access request (A-2024-00006)
• Whether the institution provided sufficient evidence to support its estimated volume of records for the second access request (A-2024-00068)
• Whether the institution sufficiently explained the impact of processing the requests on its offices of primary interest (OPIs) and ATIP office
• Whether the requests would hinder other requesters' right of access
• Whether the requests are repetitive
• Whether the items within the first access request are overlapping
• Whether records previously in the requester's possession (either provided to the institution or obtained through prior legal proceedings) makes the request repetitive
• Whether the availability of alternative means of accessing information (e.g., legal proceedings) makes the request repetitive
• Whether the requests are directed towards a purpose other than obtaining documents or information
• Whether the requests were intended to overwhelm the institution's resources or gain an advantage in legal proceedings

The complainant alleged that Environment and Climate Change Canada (ECCC) improperly withheld information in response to a request for the recovery strategy for the whitebark pine. The OIC investigated ECCC's application of several exemptions, including those related to personal information, third-party commercial information, federal-provincial affairs, and advice/recommendations. The Commissioner found that ECCC failed to make reasonable efforts to seek consent for personal information and did not demonstrate that third-party information met the exemption requirements. Additionally, ECCC improperly withheld factual information under advice/recommendations exemptions and did not reasonably exercise discretion for some information withheld under federal-provincial affairs. The Commissioner ordered ECCC to seek consent for personal information, disclose certain third-party and factual information, and re-exercise discretion for specific records. ECCC agreed to comply with the order, leading to a well-founded complaint.

• Whether s.19(1) personal information exemption was properly applied to the name and contact information of an individual
• Whether ECCC made reasonable efforts to seek consent under s.19(2)(a) for personal information
• Whether the personal information was publicly available under s.19(2)(b)
• Whether disclosure of personal information would be consistent with s.8 of the Privacy Act under s.19(2)(c)
• Whether the information met the requirements of s.20(1)(b) for confidential third-party financial, commercial, scientific or technical information
• Whether the information was supplied by a third party under s.20(1)(b)
• Whether the third party consistently treated the information as confidential under s.20(1)(b)
• Whether the information met the requirements of s.21(1)(b) for accounts of consultations or deliberations
• Whether factual information was improperly withheld under s.21(1)(b)
• Whether ECCC reasonably exercised discretion under s.21(1)(b) for information Parks Canada indicated could be disclosed
• Whether ECCC reasonably exercised discretion under s.21(1)(b) for other information
• Whether the information met the requirements of s.21(1)(a) for advice or recommendations
• Whether factual information was improperly withheld under s.21(1)(a)
• Whether ECCC reasonably exercised discretion under s.21(1)(a)
• Whether the information met the requirements of s.14 for federal-provincial affairs
• Whether ECCC reasonably expected harm to federal-provincial affairs from disclosure of information on page 2947
• Whether ECCC reasonably exercised discretion under s.14