The complainant alleged that Parks Canada had improperly withheld information under subsection 19(1) (personal information), paragraphs 21(1)(a) (advice or recommendations), 21(1)(b) (accounts of consultations or deliberations) and 21(1)(c) (positions or plans developed for negotiations), and section 23 (litigation privilege) of the Access to Information Act. This was in response to an access request for records related to Benga Mining or the Grassy Mountain Coal Project and communications, including internal records relating to such communications, regarding Benga Mining or the Grassy Mountain Coal Project, that were exchanged between the institution and the Alberta Energy Regulator. The complaint falls within paragraph 30(1)(a) of the Act.

During the processing of their request, the complainant had expressly indicated that they were not interested in information not related to Benga Mining or the Grassy Mountain Coal Project. The Commissioner was satisfied that based on the particular facts of this case, Parks Canada was justified in not processing records, or portions thereof, which the complainant had agreed should not be considered part of the response to their request.

During the course of the investigation, Parks Canada disclosed a portion of the record initially withheld under paragraph 21(1)(a). The Information Commissioner was satisfied that the information that remained withheld under subsection 19(1), paragraph 21(1)(a) and section 23 met the criteria of the exemptions.

The complaint is well-founded.