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

707 decisions found

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.
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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.
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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.

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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
Jul 4
2023

Fisheries and Oceans Canada (Re), 2023 OIC 30

Institution
Fisheries and Oceans
Section of the Act
20(1)(b)
Decision Type
Order
Final report
Summary

The complainant alleged that Fisheries and Oceans Canada (DFO) had improperly withheld information under subsection 19(1) (personal information) and paragraph 20(1)(b) (confidential third‐party financial, commercial, scientific or technical information) of the Access to Information Act. This was in response to an access request for medical certificates provided by Marineland for the export of five beluga whales. The complaint falls within paragraph 30(1)(a) of the Act.

The application of subsection 19(1) to withhold the records at issue was removed from the scope of the complaint.

DFO and the third party did not show that the information met all the requirements of paragraph 20(1)(b), in particular, that the information was confidential or that the third party consistently treated the information as confidential.

The Information Commissioner ordered DFO to disclose the record in its entirety, other than information withheld pursuant to subsection 19(1). DFO gave notice to the Commissioner that it would implement the order.

The complaint is well founded.

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Jun 30
2023

Transport Canada, 5820-03751

Institution
Transport Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2020-00507
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 30
2023

Transport Canada, 5821-06633

Institution
Transport Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2019-00742 / PB
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 76th business day following receipt of the final report.
Read more
Jun 30
2023

Health Canada, 5822-02704

Institution
Health Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2021-000697
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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