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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.

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Decision Type

695 decisions found

Jan 25
2023

Transport Canada (Re), 2023 OIC 37

Institution
Transport Canada
Section of the Act
20(1)(b)
Decision Type
Order
Final report
Summary

The complainant alleged that Transport Canada 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 information related to the most recent applications and Minimum Safe Manning (MSM) Documents issued for the passenger ship, Queen of Cumberland. The complaint falls within paragraph 30(1)(a) of the Act.

Personal information withheld under subsection 19(1) was removed from the scope of the complaint.

The institution and third party did not demonstrate that all of the requirements of paragraph 20(1)(b) were met.

The Information Commissioner ordered Transport Canada to disclose all of the information withheld under paragraph 20(1)(b), with the exception of any information withheld under subsection 19(1).

Transport Canada gave notice that it “would likely” comply with the order.

The complaint is well founded.

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Jan 24
2023

Environment and Climate Change Canada, 5820-03911

Institution
Environment and Climate Change Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2020-00904
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide the records to the access request no later than 10 days after the order takes effect.
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Jan 18
2023

National Defence, 5820-04311

Institution
National Defence
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2020-01775
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request no later than July 31, 2023.
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Jan 18
2023

Treasury Board of Canada Secretariat, 5821-00538

Institution
Treasury Board of Canada Secretariat
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2021-00080
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a complete response to the access request no later than January 20, 2023.
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Jan 18
2023

Innovation, Science and Economic Development Canada, 5821-03734

Institution
Innovation, Science and Economic Development Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2019-00268
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide the remaining records and to provide a complete response to the access request no later than 30 days after the order takes effect.
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Jan 17
2023

Indigenous Services Canada, 5822-03709

Institution
Crown-Indigenous Relations and Northern Affairs / Indigenous Services
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-00047
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide a first interim response to the request with all records not subject to consultations as well as those records where consultations have been completed by January 16, 2023.
Provide a second interim response to the request with records subject to any additional completed consultations by February 15, 2023.
Send a final, complete response to the access request by no later than March 31, 2023.
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Jan 17
2023

Public Services and Procurement Canada, 5821-01777

Institution
Public Services and Procurement Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2020-00374
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 February 28, 2023.
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Jan 17
2023

Public Services and Procurement Canada, 5821-01778

Institution
Public Services and Procurement Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2020-00377
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 May 31, 2023.
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Jan 13
2023

Employment and Social Development Canada (Re), 2023 OIC 02

Institution
Employment and Social Development Canada
Section of the Act
19(1)
20(1)(b)
30(1)(a)
Decision Type
Order
Final report
Summary

The complainant alleged that Employment and Social Development Canada (ESDC) had improperly withheld information under subsection 19(1) (personal information), paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information) and subsection 24(1) (disclosure restricted by another law) of the Access to Information Act in response to an access request for records pertaining to the engagement of Canadian universities in the Federal Contractors Program. The complaint falls within paragraph 30(1)(a) of the Act.

Business numbers, the only information withheld under subsection 24(1), were removed from the scope of the complaint.

The institution did not demonstrate that all information it withheld under subsection 19(1) was personal information about identifiable individuals, or that it appropriately exercised its discretion under paragraph 19(2)(b).

The institution and third party did not demonstrate that the requirements of paragraph 20(1)(b) were met where ESDC withheld a completed Employment Equity Achievement Awards Application Form.

The complaint is well founded.

The Information Commissioner ordered the Minister of Employment and Social Development to disclose all information at issue.

ESDC gave notice that it would fully implement the order.

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