The complainant alleged that the National Research Council Canada (NRC) had improperly withheld information on specific pages under paragraphs 20(1)(d) (negotiations by a third party), 21(1)(a) (advice or recommendations), 21(1)(c) (positions or plans developed for negotiations) and section 23 (solicitor-client privilege) of the Access to Information Act in response to an access request. The request was for records pertaining to negotiations with the Professional Institute of the Public Service of Canada (PIPSC) regarding the conversion of overtime into leave following the December 2021 shutdown. The allegation falls under paragraph 30(1)(a) of the Act.

The NRC could not show that it met all the requirements of paragraph 20(1)(d), paragraph 21(1)(a) and paragraph 21(1)(c), but it did show that it met the requirements of section 23.

The Information Commissioner ordered that the NRC disclose some information originally withheld under paragraph 20(1)(d), and paragraphs 21(1)(a) and 21(1)(c).

The NRC gave notice to the Commissioner that it would be implementing the order.

The complaint is well founded.