Decisions

The Information Commissioner publishes the final reports on her investigations on this website when she deems them to be of value in providing guidance to both institutions and complainants.

The Office of the Information Commissioner has established the Decisions Database to enable users to search final reports and other decisions, which outline the reasons and principles behind the Commissioner’s decisions and filter them using a number of criteria.

This database is updated regularly and continues to grow as more final reports, decisions and orders are added. The dates indicated refer to the date on which the decision was rendered.

Institutions are legally obliged to abide by an order from the Commissioner unless they apply to the Federal Court for a review of the matter that is the subject of the order. The Access to Information Act does not provide any other alternative to complying with the order. 

To learn more about the Information Commissioner’s orders, please visit our Frequently asked questions.

Other Corporate publications are available on the website.

Filters
Decision Type

599 decisions found

Mar 15
2024

Library and Archives Canada, 5822-01115

Institution
Library and Archives Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2019-14920
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request no later than 36 business days following the date of the final report.
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Mar 15
2024

Public Services and Procurement Canada (Re), 2024 OIC 08

Institution
Public Services and Procurement Canada
Section of the Act
18
20(1)(d)
Decision Type
Order
Final report
Summary

The complainant alleged that Public Services and Procurement Canada (PSPC) had improperly withheld information under paragraph 18(b) (negotiations by government institutions), subsection 19(1) (personal information) and paragraph 20(1)(d) (negotiations by a third party) of the Access to Information Act. This was in response to an access request for records related to the use of Indigenous languages in the proceedings of the House of Commons. The complaint falls within paragraph 30(1)(a) of the Act.

PSPC showed that the per diem rates met all of the requirements of paragraph 18(b) but could not show that any of the other withheld information met the requirements of paragraphs 18(b) or 20(1)(d).

PSPC did not demonstrate that it considered all relevant factors and reasonably exercised its discretion to decide to withhold the per diem rates.

The Information Commissioner ordered that PSPC disclose the information it withheld under paragraphs 18(b) and 20(1)(d) other than the per diem rates and re-exercise its discretion to decide whether to withhold the per diem rates under paragraph 18(b).

PSPC gave notice to the Commissioner that it would be implementing the order.

The complaint is well founded.

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Mar 15
2024

Library and Archives Canada, 5822-06651

Institution
Library and Archives Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-08533
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request no later than the 36th business day following the date of the final report.
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Mar 15
2024

Library and Archives Canada, 5821-00829

Institution
Library and Archives Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2018-01037 / KAC
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request no later than 72 business days following the date of the final report.
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Mar 15
2024

Library and Archives Canada, 5821-06460

Institution
Library and Archives Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2021-04399
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request no later than 72 business days following the date of the final report.
Read more
Mar 15
2024

Library and Archives Canada, 5821-00683

Institution
Library and Archives Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2019-05951
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request no later than 36 business days following the date of the final report.
Read more
Mar 15
2024

Library and Archives Canada, 5821-04194

Institution
Library and Archives Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2018-00573
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request no later than 36 business days following the date of the final report
Read more
Mar 15
2024

Library and Archives Canada, 5821-06464

Institution
Library and Archives Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2021-05208
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request no later than 72 business days following the date of the final report.
Read more
Mar 15
2024

Library and Archives Canada, 5821-01234

Institution
Library and Archives Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2019-03646
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request no later than 36 business days following the date of the final report.
Read more
Mar 14
2024

Public Health Agency of Canada (Re), 2024 OIC 07

Institution
Public Health Agency of Canada
Section of the Act
9(1)
Decision Type
Final report
Summary

The complainant alleged that the length of the extension of time the Public Health Agency of Canada (PHAC) took under subsection 9(1) of the Access to Information Act to respond to an access request was unreasonable. The request was for all records related to providing guidance to the provinces on social distancing from January 1, 2020 to April 26, 2022. The allegation falls under paragraph 30(1)(c) of the Act.

PHAC claimed a 1,380-day extension of time under paragraphs 9(1)(a) and 9(1)(b) to complete the processing of the request. If the extension were valid, the time limit for the response would be February 11, 2027.

During the investigation, PHAC showed that it met all the requirements of paragraphs 9(1)(a) and (b), in particular that the calculation of the time extension was sufficiently logical and supportable, and that providing access to the records within any materially lesser period of time than the one asserted would unreasonably interfere with its operations and that the consultations could not reasonably be completed within 30 days.

The OIC concluded that PHAC showed that it met all the requirements of paragraphs 9(1)(a) and (b). Therefore, the extension is reasonable and the due date to respond to the access request remains February 11, 2027. This being said, I invite the complainant and PHAC to collaborate to reduce the scope of the request so that fewer records will need to be processed and a response to the request could be released sooner.

The complaint is not well founded.

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