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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.

Filters
Decision Type

902 decisions found

Aug 3
2023

Global Affairs Canada, 5822-04776

Institution
Global Affairs Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-00220
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.
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Aug 3
2023

National Defence, 5822-06625

Institution
National Defence
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-00974
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 the date of the final report.
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Aug 3
2023

Privy Council Office, 5820-02277

Institution
Privy Council Office
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2019-00186
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.
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Aug 3
2023

Privy Council Office, 5820-02562

Institution
Privy Council Office
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2020-00335
Did the institution give notice it would implement the order?
Yes
Summary
Order: 1.) provide the interim response of approximately 800 pages by August 29, 2023, and 2.) provide a complete response to the access request no later than October 26, 2023.
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Aug 1
2023

Canadian Institutes of Health Research (Re), 2023 OIC 22

Institution
Canadian Institutes of Health Research
Section of the Act
18
19(1)
20(1)(b)
Decision Type
Order
Final report
Summary

The complainant alleged that the Canadian Institutes of Health Research (CIHR) had improperly withheld information under subsections 18(a) (government trade secrets or government financial, commercial, scientific or technical information), 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 documents regarding a named individual’s role on the Pfizer Lyme Disease Advisory Board and their research project on Lyme Disease. The complaint falls within paragraph 30(1)(a) of the Act.

Neither the institution nor the third party demonstrated that the information within the scope of the complaint met all of the requirements for exemption pursuant to paragraph 20(1)(b); in particular, the information is not financial, commercial, scientific or technical.

The complaint is well founded.

The Information Commissioner ordered that that the CIHR disclose the information at issue.

The CIHR gave notice to the Commissioner that it would implement the order.

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Jul 25
2023

Canada Revenue Agency, 5822-07532

Institution
Canada Revenue Agency
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-145779
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 following receipt of the final report.
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Jul 25
2023

Public Services and Procurement Canada, 5822-07678

Institution
Public Services and Procurement Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2021-00477
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 60 business days following receipt of the final report.
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Jul 24
2023

Public Safety Canada, 5822-07630

Institution
Public Safety Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-00025
Did the institution give notice it would implement the order?
Yes
Summary
Order: provide interim releases and a complete response to the access request as soon as possible, but no later than November 3, 2023
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Jul 21
2023

Employment and Social Development Canada, 5822-06670

Institution
Employment and Social Development Canada
Section of the Act
7
Decision Type
Delay in responding to a request
Order
Institution file #
A-2022-02737
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 day following the date of the final report.
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Jul 20
2023

Employment and Social Development Canada (Re), 2023 OIC 20

Institution
Employment and Social Development Canada
Section of the Act
19(1)
20(1)(b)
23
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 section 23 (solicitor-client privilege) of the Access to Information Act (the Act) in response to an access request for information related to an Occupational Health and Safety Tribunal decision related to the death of a Canadian National Railway (CN Rail) employee. The complaint falls within paragraph 30(1)(a) of the Act.

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

ESDC showed that it met all the requirements of subsection 19(1) and section 23. However, ESDC did not demonstrate that it reasonably exercised its discretion to decide whether to disclose the information.

The Information Commissioner ordered ESDC to disclose the information withheld under paragraph 20(1)(b) and exercise its discretion to decide whether to disclose the information withheld under subsection 19(1) and section 23, taking into account all relevant factors for and against disclosure.

ESDC gave notice to the Commissioner that it would implement the order.

The complaint is well founded.

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