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

Feb 12
2024

National Defence (Re), 2024 OIC 04

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 a reasonable search in response to an access request under the Access to Information Act for all documents related to a selection process of Steward/Command Master Sailor to the Commander of the Royal Canadian Navy. The complaint falls within paragraph 30(1)(a) of the Act.

The investigation determined that not all relevant Offices of Primary Interest were tasked with retrieval of responsive records. In addition, the taskings were not clear and did not include all pertinent keywords. National Defence was unable to show that it conducted a reasonable search for records that fell within the scope of the access request.

The Information Commissioner ordered that National Defence complete the retrieval of all records responsive to the request, which would include tasking specified individuals and provide a new response to the access request no later than the 36th business day following the date of the final report.

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

The complaint is well founded.

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Feb 9
2024

Department of Justice Canada, 5822-05384

Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-00505
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.
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Feb 8
2024

Indigenous Services Canada (Re), 2024 OIC 03

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

The complainant alleged that Indigenous Services Canada (ISC) did not conduct a reasonable search in response to an access request under the Access to Information Act for records related to the Non-Insured Health Benefits Mental Health Counselling benefit, including the “detailed review” of how services are delivered and associated expenditure decisions; proposals to fund community mental wellness projects outside of Benefits Program authorities, and the "risk-based review to improve financial controls and management practices across all regions".

During the investigation, ISC indicated that the “detailed review” was conducted verbally. However, given that the term “detailed review” came from a Briefing Note prepared by ISC, it was reasonable to conclude that the term “detailed review” was significant, and that some responsive documentation would exist. The OIC also questioned why no records were found relating to parts 2 and 3 of the request.

ISC advised the OIC that the subject matter experts and records holders originally tasked with the search, “searched their records with a broader lens in terms of scope and timeframe”. ISC confirmed that these additional efforts generated at least 170 pages of documents that were not found initially and that those records are now being triaged and reviewed.

The Information Commissioner ordered that ISC complete the retrieval of the records identified by ISC as responsive to the request and provide a new response to the complainant no later than the 36th business day after the effective date of the order. ISC gave notice that it would implement the order.

The complaint is well founded.

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Jan 25
2024

Public Services and Procurement Canada, 5823-00243

Institution
Public Services and Procurement Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-00112
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 this report
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Jan 24
2024

Transport Canada, 5823-00755

Institution
Transport Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-00567
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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Jan 24
2024

Department of Justice Canada, 5822-03541

Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2021-00994
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 after receipt of the final report.
Read more
Jan 24
2024

Health Canada (Re), 2024 OIC 01

Institution
Health Canada
Section of the Act
20(1)(b)
21
23
Decision Type
Order
Final report
Summary

The complainant alleged that Health Canada had improperly withheld information under subsection 19(1) (personal information), paragraphs 20(1)(b) (confidential third-party financial, commercial, scientific or technical information), 20(1)(c) (financial impact on a third party) and 21(1)(a) (advice or recommendations) and section 23 (solicitor-client privilege) of the Access to Information Act in response to an access request for records related to Dukoral, excluding product monographs. The complaint falls within paragraph 30(1)(a) of the Act.

During the investigation, the complainant decided it was no longer necessary for the Office of the Information Commissioner (OIC) to investigate the application of subsection 19(1) to withhold information, or any information about the production process or composition of Dukoral.

The institution and the third party did not demonstrate that all of the information withheld under paragraphs 20(1)(b) or 20(1)(c) met the requirements of these exemptions.

Certain information also did not meet the requirements of paragraph 21(1)(a), including factual information contained in emails.

The institution showed that the information withheld under section 23 met all the requirements of this exemption.

The Information Commissioner ordered that Health Canada disclose specific information withheld under paragraphs 21(1)(a), 20(1)(b) and 20(1)(c).

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

The complaint is well founded.

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Jan 22
2024

Royal Canadian Mounted Police, 5822-05357

Institution
Royal Canadian Mounted Police
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-04139
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request as soon as possible but no later than June 30, 2024.
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Jan 22
2024

Canada Revenue Agency, 5823-01273

Institution
Canada Revenue Agency
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-151694
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide the complainant with a complete response to the access request no later than April 30, 2024.
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Jan 22
2024

Public Services and Procurement Canada, 5823-00244

Institution
Public Services and Procurement Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-00111
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 this report.
Read more
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