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.

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Decision Type

474 decisions found

Oct 27
2023

Employment and Social Development Canada, 5822-07268

Institution
Employment and Social Development Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2021-03017
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 receipt of the final report.
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Oct 25
2023

Transport Canada (Re), OIC 2023 38

Institution
Transport Canada
Section of the Act
19(1)
20(1)(b)
Decision Type
Order
Final report
Summary

The complainant alleged that Transport Canada had improperly withheld under subsection 19(1) (personal information) and paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information) of the Access to Information Act portions of the Hazardous Occurrence Investigation Report, dated August 25, 2016, into the death of a Canadian National Railway (CN) employee. The complaint falls within paragraph 30(1)(a) of the Act.

Certain information did not meet the requirements of subsection 19(1), including train numbers, track numbers, locations and information found within witness statements where disclosure would not create a serious possibility of identification of the witnesses.

The institution and the third party did not demonstrate that any of the information met all four requirements of paragraph 20(1)(b).

The Information Commissioner ordered that Transport Canada disclose specific information withheld under subsection 19(1), consider whether its discretion was triggered under paragraph 19(2)(c) and if so excersize its discretion reasonably and disclose the information withheld under paragraph 20(1)(b) where such information does not meet the requirements of subsection 19(1).

Transport Canada gave notice that it would be implementing the order.

The complaint is well founded.

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Oct 25
2023

Transport Canada, 5822-07980

Institution
Transport Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-00250
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 receipt of the final report.
Read more
Oct 25
2023

Canada Revenue Agency, 5822-07416

Institution
Canada Revenue Agency
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-149150
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request by February 7, 2024.
Read more
Oct 24
2023

National Defence, 5822-05373

Institution
National Defence
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-00909
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request on the 36th business day following the date of the final report.
Read more
Oct 11
2023

Immigration, Refugees and Citizenship Canada, 5822-02813

Institution
Immigration, Refugees and Citizenship Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
1A-2022-24361
Did the institution give notice it would implement the order?
No response
Summary
Order: provide a complete response to the access request no later than on the 36th business day following the date of the final report.
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Oct 10
2023

Innovation, Science and Economic Development Canada, 5822-07952

Institution
Innovation, Science and Economic Development Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-00448 / MO
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request no later than January 26, 2024.
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Oct 5
2023

Employment and Social Development Canada, 5821-01465

Institution
Employment and Social Development Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2020-01070
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 receipt of this report.
Read more
Oct 3
2023

Public Health Agency of Canada, 5822-03193

Institution
Public Health Agency of Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2021-000306
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 60th business day following receipt of the final report.
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Sep 28
2023

National Defence (Re), 2023 OIC 27

Institution
National Defence
Section of the Act
30(1)(a)
Decision Type
Order
Final report
Summary

The complainant alleged that National Defence did not conduct reasonable searches in response to access requests under the Access to Information Act for records relating to certain contracts. The complaints fall within paragraph 30(1)(a) of the Act.

The investigations determined that National Defence had not attempted to retrieve records in the possession of the third party that National Defence was entitled to obtain under the contract. As a result of the investigations, National Defence contacted the contractor to request copies of the records and retrieved the documents.

The Information Commissioner ordered that National Defence process any additional records located, provide new responses to the complainant that either give access to any additional records or identify why the additional records are not responsive to the request.

National Defence gave notice to the Commissioner that it would be implementing the orders.

The complaints are well founded.

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