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 and her decisions on applications for permission to decline to act on an access request, please visit Frequently asked questions.

Other Corporate publications are available on the website.

Filters
Decision Type

979 decisions found

Feb 27
2025

Canada Revenue Agency, 5823-04593

Institution
Canada Revenue Agency
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2023-175342
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request no later than March 31, 2026.
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Feb 27
2025

Public Services and Procurement Canada (Re), 2025 OIC 14

Institution
Public Services and Procurement Canada
Section of the Act
23
Decision Type
Final report
Summary

The complainant alleged that Public Services and Procurement Canada (PSPC) had improperly withheld information under section 23 (solicitor-client and litigation privilege) of the Access to Information Act in response to an access request. The request was for all records related to the negotiation of the 1991 lease between Bourque, Pierre et Fils and the government for the Louis St-Laurent Building. The allegation falls under paragraph 30(1)(a) of the Act.

PSPC applied section 23 in a blanket manner, withholding the entirety of the 96,781 pages of records, citing both grounds of section 23: solicitor-client privilege and litigation privilege. Although some of the information meets the requirements of solicitor-client privilege, PSPC did not demonstrate that any information met the requirements under litigation privilege.

The Information Commissioner ordered that PSPC disclose certain and reconsider its discretion under section 23 where the requirements of solicitor-client privilege were met. PSPC gave notice to the Commissioner that it would comply with the order.

The complaint is well founded.

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Feb 27
2025

National Defence, 5824-01988

Institution
National Defence
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2024-00688
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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Feb 27
2025

Canada Revenue Agency, 5823-04538

Institution
Canada Revenue Agency
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2023-175269
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request no later than on the 60th day following the date of my final report.
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Feb 27
2025

Canadian Food Inspection Agency, 5824-00884

Institution
Canadian Food Inspection Agency
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2023-00159
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 18, 2028.
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Feb 26
2025

Canada Border Services Agency (Re) 2025 OIC 12

Institution
Canada Border Services Agency
Section of the Act
30(1)(a)
Decision Type
Final report
Summary

The complainant alleged that the Canada Border Services Agency (CBSA) did not conduct a reasonable search for records in response to an access request made under the Access to Information Act. The request was for Microsoft Teams (MS Teams) messages created between September 1, 2023, and December 6, 2023, containing a list of keywords related to ArriveCAN. The allegation falls under paragraph 30(1)(a) of the Act.

CBSA retains MS Teams messages for 30 days. However, CBSA only began processing the access request more than 30 days after it received it, due to it not being promptly entered it into its case management system. As a result, access to information officials, assuming all relevant records would have already been destroyed, did not ask program areas for records. Instead, CBSA told the complainant that no such records existed.

CBSA policy requires business-related information shared on MS Teams to be saved to corporate repositories before the 30-day mark passes. In light of questions about this during the investigation, CBSA searched these repositories and identified one relevant record, which it provided to the complainant. Regardless, the delay in asking program areas for records undoubtedly had a detrimental effect on the requester’s right of access.

The complaint is well founded.

No order was required, since CBSA disclosed the only record responsive to the access request.

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Feb 25
2025

Canadian Radio-Television and Telecommunications Commission, 5824-01624

Institution
Canadian Radio-television and Telecommunications Commission
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2023-00046 / KB
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 the date of the final report.
Read more
Feb 21
2025

Canadian Security Intelligence Service, 5824-02283

Institution
Canadian Security Intelligence Service
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
117-2024-134
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 after the date of the final report.
Read more
Feb 20
2025

Canada Border Services Agency, 5822-03430

Institution
Canada Border Services Agency
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-01439
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request within 36 business days following the date of my final report.
Read more
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