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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 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.

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Decision Type

974 decisions found

Mar 31
2025

Transport Canada (Re), 2025 OIC 25

Institution
Transport Canada
Section of the Act
20
Decision Type
Order
Final report
Summary

The complainant alleged that Transport Canada had improperly withheld information under paragraph 20(1)(c) (financial impact on a third party) of the Access to Information Act in response to an access request. The request was for records related to Motor Vehicle Crash Test No. TC11-232, involving a 2011 Ford Focus, and conducted on March 7, 2012. The allegation falls under paragraph 30(1)(a) of the Act.

As per subsection 20(4), preliminary testing can be subject to exemption, if the requirements for exemption are met. Transport Canada and the third parties did not demonstrate that the requirements of paragraph 20(1)(c) were met, particularly in light of the explanatory note proposed by Transport Canada. Transport Canada had originally withheld the records out of a concern that misinterpreting them could result in harm. The courts have consistently found that explanatory notes can minimise the risk of misinterpretation of records leading to harm.

The Information Commissioner ordered that Transport Canada disclose the records in full and include an explanatory note with the disclosure. Transport Canada gave notice to the Commissioner that it would comply with the order. The complaint is well founded.

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Mar 31
2025

Transport Canada (Re), 2025 OIC 24

Institution
Transport Canada
Section of the Act
20
Decision Type
Order
Final report
Summary

The complainant alleged that Transport Canada had improperly withheld information under paragraph 20(1)(c) (financial impact on a third party) of the Access to Information Act in response to an access request. The request was for records related to Motor Vehicle Crash Test No. TC11-231, involving a 2011 Ford Focus, and conducted on March 15, 2012. The allegation falls under paragraph 30(1)(a) of the Act.

As per subsection 20(4), preliminary testing can be subject to exemption, if the requirements for exemption are met. Transport Canada and the third parties did not demonstrate that the requirements of paragraph 20(1)(c) were met, particularly in light of the explanatory note proposed by Transport Canada. Transport Canada had originally withheld the records out of a concern that misinterpreting them could result in harm. The courts have consistently found that explanatory notes can minimise the risk of misinterpretation of records leading to harm.

The Information Commissioner ordered that Transport Canada disclose the records in full and include an explanatory note with the disclosure. Transport Canada gave notice to the Commissioner that it would comply with the order. The complaint is well founded.

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Mar 28
2025

Department of Justice Canada, 5824-02909

Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2024-00010
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 and no later than June 30, 2025.
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Mar 28
2025

Privy Council Office, 5824-02681

Institution
Privy Council Office
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2023-01059
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request no later than May 26, 2025.
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Mar 28
2025

Privy Council Office, 5824-02665

Institution
Privy Council Office
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2023-01070
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request no later than 60 business days following the date of the final report.
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Mar 28
2025

Indigenous Services Canada, 5824-02484

Institution
Indigenous Services Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
ISC-A-2024-00046
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 following the date of the final report.
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Mar 28
2025

Environment and Climate Change Canada, 5824-02416

Institution
Environment and Climate Change Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2023-02242
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 my final report.
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Mar 28
2025

Fisheries and Oceans Canada, 5824-02077

Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2024-00506
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request no later than June 9, 2025.
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Mar 28
2025

Public Services and Procurement Canada, 5823-04905

Institution
Public Services and Procurement Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2023-00445 / JD2
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 after the date of this final report.
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Mar 25
2025

Indigenous Services Canada, 5824-02444

Institution
Indigenous Services Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
ISC-A-2023-00323
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 following the date of the final report.
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