Decisions

The complainant alleged that Library and Archives Canada (LAC) had improperly withheld information under subsection 13(1) (confidential information from government bodies) and subsection 15(1) (international affairs, national security, defence) of the Access to Information Act in response to an access request for Joint Intelligence Committee Intelligence for the North American Aerospace Defense Command (NORAD) [1958-63].

During the investigation, LAC provided two supplementary releases to the complainant; however, LAC maintained some exemptions on the basis that the information was provided to Canada in confidence by NORAD.

The Office of the Information Commissioner concluded that, for the purposes of paragraph 13(1)(b), NORAD is an international organization of states or an institution thereof.

The complaint is well founded, because not all of the information LAC exempted under subsection 13(1) and subsection 15(1) when it originally responded to the access request met the requirements of the exemptions.

An order is not necessary, however, since LAC subsequently disclosed some information that was previously exempted and since the remaining withheld information meets the requirements of subsection 13(1).

The complainant alleged that the Royal Canadian Mounted Police (RCMP) failed to conduct a reasonable search for records in response to a request made under the Access to Information Act. The request sought all records concerning expenses incurred by the RCMP each year to provide security to internationally protected persons who visit Canada, including any available breakdown of these costs by visitor, from January 1, 2015, to January 24, 2020. The allegation falls within paragraph 30(1)(a) of the Act. In response to the request, the RCMP provided a two-page summary of costs. The RCMP explained that the requested records were not identified and located because, in their view, it is highly likely that almost all the information would qualify for exemption or exclusion in accordance with the Act. The RCMP did not demonstrate that the summary fulfilled its responsibility to retrieve and process all responsive records. The Information Commissioner ordered the RCMP to conduct a new search for records and provide a new response to the complainant. The RCMP gave notice to the Commissioner that it would implement the order. The complaint is well founded.