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.

* Note

Please note that under subsection 37(3.2) of the Act, final reports cannot be published prior to the expiration of the timelines for applications for judicial review before the Federal Court.

Final reports may only be published a minimum of 36 business days after the date of the final report. When third parties and/or the Privacy Commissioner receive a copy of a final report, the report may only be published 46 business days after the date of the final report.

Filters
Decision Type

1141 decisions found

Jul 19
2023

Canada Revenue Agency, 5822-01165

Institution
Canada Revenue Agency
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2021-137495
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request by August 15, 2023.
Read more
Jul 17
2023

National Defence, 5822-04665

Institution
National Defence
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-00506
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request no later than November 30, 2023.
Read more
Jul 14
2023

Library and Archives Canada (Re), 2023 OIC 18

Institution
Library and Archives Canada
Section of the Act
13(1)
15(1)
Decision Type
Recommendation
Final report
Summary

The complainant alleged that Library and Archives Canada (LAC) had improperly withheld information under subsection 13(1) (confidential information from government bodies) and subsection 15(1) (national security, defence) of the Access to Information Act in response to an access request regarding submarine operations in the Arctic region. The complaint falls within paragraph 30(1)(a) of the Act. LAC could not show that it met all the requirements of subsection 13(1) and subsection 15(1), in particular, how the information in the record was obtain in confidence and how further disclosure of the withheld information could reasonably be expected to harm national security and/or the defence of Canada. The Information Commissioner recommended that LAC disclose the records in their entirety. LAC gave notice to the Information Commissioner that it would not be implementing the recommendation.

The complaint is well founded.

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Jul 14
2023

Employment and Social Development Canada, 5821-01467

Institution
Employment and Social Development Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2020-01751
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request no later than 90 business days following receipt of the final report
Read more
Jul 11
2023

Library and Archives Canada, 5822-04326

Institution
Library and Archives Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-02206
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
Jul 5
2023

Library and Archives Canada, 5822-02309

Institution
Library and Archives Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2021-05834
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request before or on August 31, 2023.
Read more
Jul 5
2023

Innovation, Science and Economic Development Canada, 5822-04542

Institution
Innovation, Science and Economic Development Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-00285
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
Jul 5
2023

Canada Post (Re), 2023 OIC 31

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

The complainant alleged that Canada Post failed to conduct a reasonable search in response to an access request made under the Access to Information Act for records containing the complainant’s name. The complaint falls within paragraph 30(1)(a) of the Act.

The investigation determined that Canada Post had not demonstrated that all relevant Offices of Primary Interest (OPI) had been tasked with retrieving records and that the OPIs tasked with retrieving records produced all relevant records under the OPI’s control. Canada Post did not provide sufficient explanation for the lack of certain records identified by the complainant that were not retrieved but would have been responsive to the access request.

The Information Commissioner ordered that Canada Post determine whether additional responsive records exist, and if so, process those relevant records and provide a final response to the complainant.

Canada Post gave notice that it would implement the order.

The complaint is well founded.

Read more
Jul 4
2023

Department of Justice Canada, 5822-02036

Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2020-00930
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 the 46th business day following receipt of the final report.
Read more
Jul 4
2023

Innovation, Science and Economic Development Canada, 5821-04468

Institution
Innovation, Science and Economic Development Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2021-00757
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
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