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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

905 decisions found

Jun 20
2023

Library and Archives Canada, 5820-02514

Institution
Library and Archives Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2020-02267
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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Jun 19
2023

Library and Archives Canada, 5822-01846

Institution
Library and Archives Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2021-11615
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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Jun 19
2023

Treasury Board of Canada Secretariat, 5822-07206

Institution
Treasury Board of Canada Secretariat
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-01414
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.
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Jun 16
2023

National Defence, 5822-04670

Institution
National Defence
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-00697
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
Jun 16
2023

National Defence, 5822-05178

Institution
National Defence
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-00773
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
Jun 16
2023

National Defence, 5822-05179

Institution
National Defence
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-00788
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
Jun 15
2023

Library and Archives Canada, 5819-00102

Institution
Library and Archives Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2017-00365 / JFC
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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Jun 15
2023

National Defence, 5822-04762

Institution
National Defence
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2021-00501
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
Jun 15
2023

National Defence, 5822-06489

Institution
National Defence
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-01219
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
Jun 14
2023

Crown-Indigenous Relations and Northern Affairs Canada (Re), 2023 OIC 16

Institution
Crown-Indigenous Relations and Northern Affairs / Indigenous Services
Section of the Act
23
Decision Type
Recommendation
Final report
Summary

The complainant alleged that Crown‐Indigenous Relations and Northern Affairs Canada (CIRNAC) had improperly withheld information under section 23 (solicitor‐client and litigation privilege) of the Access to Information Act. The request was for records related to the ownership, sale, reversion or return of lands on or around the Bruce/Saugeen Peninsula, dating from the 1850s to 1980.

The investigation determined that CIRNAC exempted all of the responsive records in their entirety under section 23.

While CIRNAC acknowledged that the information was not subject to solicitor-client privilege, CIRNAC claimed that the records at issue may be subject to litigation privilege and cited several ongoing matters in the Federal Court of Canada as evidence of this.

The Information Commissioner concluded that CIRNAC fell well short of establishing that the records at issue are subject to litigation privilege. Moreover, CIRNAC failed to demonstrate that any of the records at issue were produced or gathered for the dominant purpose of the cited litigation or related litigation.

The Commissioner recommended that the Minister of Crown-Indigenous Relations disclose the records in their entirety.

CIRNAC gave notice to the Commissioner that it would not be implementing the recommendation.

The complaint is well founded.

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