Decisions

The complainant alleged that the Department of Fisheries and Oceans (DFO) had improperly withheld information under paragraph 20(1)(b) (Confidential third-party financial, commercial, scientific or technical information), paragraph 20(1)(c) (Financial impact on third party) and paragraph 18(c) (Government scientific or technical information obtained from research) of the Access to Information Act in response to an access request for information related to piscine reovirus, heart and skeletal muscle inflammation, the Creative Salmon Company Ltd., or jaundice syndrome.

DFO could not show that it met all the requirements of these exemptions. Concerning paragraph 18(c), DFO failed to show that disclosure of the information could reasonably be expected to threaten the exclusive rights of government researchers to publish the results of their research first.

Concerning paragraph 20(1)(b), neither DFO nor the third party established that the information was confidential information supplied by the third party. The parties also did not establish that disclosure of the information could reasonably be expected to result in substantial financial loss or gain to the third party or be injurious to its competitive position, as per paragraph 20(1)(c).

The Information Commissioner recommended that DFO disclose the information at issue in full, with the exception of personal information withheld under subsection 19(1).

DFO gave notice to the Commissioner that it would be implementing the recommendations.

The complaint is well founded.

The complainant alleged that Environment and Climate Change Canada (ECCC) did not conduct a reasonable search for records in response to an access request made under the Access to Information Act for all reports or assessments, including drafts, conducted by the Northgate Group in possession of any staff of the Enforcement Branch within ECCC.

The investigation confirmed that ECCC made edits directly to a draft report provided by the contractor, Northgate Group, thereby overwriting a contract deliverable and record that should have been saved to a corporate repository.

During the investigation, it was confirmed that the original draft report provided by the Northgate Group no longer exists as neither ECCC nor the Northgate Group retained a copy.

The direct consequence of saving edits over the original draft report irreversibly undermined the right of access.

The complaint is well founded.

The complainant alleged that Library and Archives Canada (LAC) did not conduct a reasonable search in response to a request for an Index containing information about all the military personnel who served in World War II.

The investigation determined that LAC did not have the index sought by the complainant. LAC explained that World War II personnel records contained not only information on personnel who served in World War II, but also those who served in Korea and other military deployments until 1971. These records are paper-based, and were neither digitized nor used to create an electronic database from which a complete list of World War II personnel could be obtained.

While LAC’s access to information responses to specific queries may have given the false impression to the requester that an index of World War II personnel exists, LAC does not in fact possess a complete index of the number of Canadians who served in World War II.

The complaint is not well founded.

The complainant alleged that Natural Resources Canada (NRCan) did not conduct a reasonable search in response to an access request under the Access to Information Act for driving data, including Global Positioning System (GPS) data and driver logbook entries from NRCan’s fleet vehicles for three separate time periods.

The Office of the Information Commissioner’s (OIC) investigation determined that in addition to the search conducted by the Office of Primary Interest for records in NRCan’s corporate repositories, it was also NRCan’s responsibility to retrieve information from a data storage company, where the GPS data for the dates requested was stored.

NRCan conceded that the information stored with the data storage company, despite it not being in NRCan’s physical possession, was under its control for the purposes of the Access to Information Act. As a result, NRCan retrieved the GPS records for the time periods in question. NRCan also located additional logbook records responsive to the request, subsequent to an additional search. The logbook records as well as the GPS data were provided to the complainant during the course of the investigation.

The complaint is well founded.

The complainant alleged that the Department of Justice Canada (Justice) did not conduct a reasonable search under the Access to Information Act when responding to an access request for records produced by the Senior General Counsel about the Asia-Pacific Economic Cooperation (APEC) conference at the University of British Columbia. The request also sought specific records on the legal aspects of the security measures and all details of the trade agreement, as well as any records connected to the Hughes Inquiry regarding APEC between 1995 and 1999. Justice’s response was that they could not locate any responsive records to the request.

During the investigation, the Office of the Information Commissioner (OIC) determined that Justice did not task the National Litigation Sector (NLS). In February 2020, Justice confirmed that the NLS would be the most appropriate Office of Primary Interest (OPI) for the records regarding the APEC conference held by the Chief General Counsel. Six months later, in August 2020, Justice tasked the NLS’ British Columbia Regional Office and retrieved 41,843 pages of records and videos. Justice’s Access to Information and Privacy Office (ATIP) confirmed that, as of July 2, 2021, it has received and imported a total of 40,780 pages into its processing system.

In light of the above, I conclude that Justice did not conduct a reasonable search for records in response to the access request.

The complaint is well founded.

The complainant alleged that Library and Archives Canada (LAC) did not respond to an access request within the time limits set out in the Access to Information Act.

On February 1, 2019, LAC received an access request for records regarding the LGBTQ community in the military.

LAC claimed a 565-day extension of time under paragraphs 9(1)(a) and 9(1)(b) to complete the processing of the request.

However, on September 18, 2020, LAC missed the extended due date, and on October 14, 2020, the OIC received the current complaint questioning the delay taken to process the request.

Given that LAC did not respond to the request by the extended deadline, it is deemed to have refused access pursuant to subsection 10(3). This refusal of access is ongoing and will continue until such time that LAC fully responds to the access request.

The Commissioner ordered the Librarian and Archivist of Canada to complete the processing of the access request and provide a response forthwith.

The complaint is well founded.

The complainant alleged that the Department of National Defence (DND) refused to process a request under the Access to Information Act for all records of misconduct by an identified individual.

DND refused to process the request claiming that the request for information about an individual other than the requester does not meet the requirements of section 6 of the Access to Information Act.

The Office of the Information Commissioner (OIC) viewed DND’s representations as falling well short of establishing that the request fails to provide sufficient detail to enable an experienced employee to identify records responsive to the request.

DND conceded that the request meets the requirements of section 6, and agreed to process the request as worded.

The complaint is well founded.

An institution submitted an application to the Information Commissioner for approval to decline to act on an access to information request under subsection 6.1(1) of the Access to Information Act. In its application, the institution submitted that the request was both vexatious and an abuse of the right of access.

The Information Commissioner found that the institution established that the request is an abuse of the right of access. Given the Commissioner’s conclusion, it was not necessary to consider as well whether the request was also vexatious.

The application is approved.

The complainant alleged that Public Services and Procurement Canada (PSPC) did not conduct a reasonable search for a recording of a specific meeting, which took place over Microsoft Teams, as well as all communications regarding that meeting, in response to an access request under the Access to Information Act.

The investigation revealed that although Microsoft Teams has the capacity to record meetings, this function was not used to record the meeting in question. In addition, PSPC officials indicated that the meeting was informal and did not involve activities and decisions of business value for which there was any obligation to create a record.

Based on the evidence and representations received, the OIC is satisfied that PSPC took reasonable steps to identify and locate responsive records. However, no responsive records were identified.

The complaint is not well founded.