Decisions

The complainant alleged that the Privy Council Office (PCO) had improperly withheld information under subsection 16(2) (facilitating the commission of an offence) and subsection 19(1) (personal information) of the Access to Information Act. This was in response to an access request for “all records concerning Clerk John Hannaford's meeting with the official languages commissioner …”.

PCO did not demonstrate that the information exempt under subsection 19(1), that is, one signature and two initials, met the requirements of the exemption - in particular why the information would not be excluded from the definition of personal information by virtue of paragraph 3(j) of the Privacy Act. The Office of the Information Commissioner (OIC) consulted with the Office of the Privacy Commissioner (OPC), who concurred that the exemption had not been properly applied. The OIC informed PCO of the results of the OPC consultation, asking PCO officials if they wished to release the information, rather than proceeding with an order. PCO did not respond. The Information Commissioner ordered PCO to disclose the information. PCO gave notice to the Commissioner that it maintained its disagreement with the Commissioner’s position but would release the information because it had received the consent of the two individuals.

The complainant alleged that Transport Canada had improperly withheld information under subsection 19(1) (personal information), paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information) and paragraph 20(1)(c) (financial impact on a third party) of the Access to Information Act in response to an access request. The request was for records relating to a workplace fatality in Point-Saint-Charles on January 6, 2021. The allegation falls under paragraph 30(1)(a) of the Act.

The complainant also alleged that Transport Canada had not conducted a reasonable search for records in response to the same access request. This allegation was resolved during the investigation.

Transport Canada and the third party did not establish that certain information met all the requirements of paragraphs 20(1)(b) or 20(1)(c). The Information Commissioner ordered that Transport Canada disclose certain information withheld under these third-party exemptions. Transport Canada gave notice to the Commissioner that it would likely be in a position to comply with the order. The complaint is well founded.

The complainant alleged that the Privy Council Office (PCO) had improperly withheld information under subsection 13(1) (confidential information from government bodies), subsection 15(1) (international affairs or national security or defence), paragraphs 16(1)(a) (investigative bodies), 16(1)(b) (investigative techniques, plans), 16(1)(c) (law enforcement, conduct of investigations) and subsection 19(1) personal information) of the Access to Information Act in response to an access request. The request was for minutes, records of decision, agendas or any other record of the meetings of the Joint Intelligence Committee and the Intelligence Advisory Committee for the period January 1, 1972, to December 31, 1972. The allegation falls within paragraph 30(1)(a) of the Act.

PCO could not show that it met all the requirements of the exemptions claimed and issued a supplementary release to the complainant during the investigation. The Information Commissioner concluded that the information which remains withheld did not meet the requirements of the exemptions, except for limited information which satisfies the requirements of subsection 13(1) but for which discretion was not reasonably exercised under subsection 13(2).

The Information Commissioner ordered PCO to entirely release pages 56, 61, 66, 72, 77, 80, 121, 123, 168, 170, 206, 208, 209, 212, 214, 233, 250, 289, 291, 309, 310, 313, 344, 345, 347, and 349 of the records, to re-exercise discretion as per subsection 13(2) for information exempted on pages 41, 45 and 351 of the records, and to provide a new response no later than 36 business days after the date of the final report. PCO gave notice to the Commissioner that it would implement her orders.

The complaint is well founded.