Section 13: Questions

Archived [2008-11] – Investigator's Guide to Interpreting the Act

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We invite you to consult the Information Commissioner’s Guidance section where you will find up-to-date information on how we approach investigations and interpret the Access to Information Act.

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Statement of Test to be Met

NOTE: As per Do-Ky v. Canada (Minister of Foreign Affairs and International Trade), [1997], 2 F.C. 917, the information requested should not be seen in bulk. Instead, each distinct record must be considered on its own and in the context of all the documents requested for release.

Mandatory exemption

Information must be obtained from:

a) government of a foreign state
b) international organization of states
c) provincial government (includes territories)
d) municipal, regional government under provincial legislation
e) an aboriginal government

Relevant Questions	Departmental Response	Assessment
Who or what body provided the information in the record? what government, organization or institution? what entity or institution? What is the relationship between the institution and the government, organization or institution? Did Canada recognize the government of the foreign state at the time the record was created? Has Canada recognized the organization of foreign states at the time the record was created? Has Canada recognized the state or organization since? is such recognition pending?

Relevant Questions

Departmental Response

Assessment

Who or what body provided the information in the record?

what government, organization or institution?
what entity or institution?

What is the relationship between the institution and the government, organization or institution?

Did Canada recognize the government of the foreign state at the time the record was created?

Has Canada recognized the organization of foreign states at the time the record was created?

Has Canada recognized the state or organization since?

is such recognition pending?

Statement of Test to be Met

Or an institution thereof:

must be part of the government organization state
not a private body
not courts or other independent institutions
could include state or provincial level governments of a foreign country

Relevant Questions	Departmental Response	Assessment
Is the institution a government agency? What function does it perform? Is the institution independent of the government? Does the institution act on behalf of the foreign government? Does the institution act under the authority or direction of the government? If not, how is the institution accountable to the government? Is the institution an independent (constitutionally recognized) level of government within a foreign state?

Relevant Questions

Departmental Response

Assessment

Is the institution a government agency?

What function does it perform?

Is the institution independent of the government?

Does the institution act on behalf of the foreign government?

Does the institution act under the authority or direction of the government?

If not, how is the institution accountable to the government?

Is the institution an independent (constitutionally recognized) level of government within a foreign state?

Statement of Test to be Met

The information:

must be obtained from the institution
not enough to be in the possession of the institution

Relevant Questions	Departmental Response	Assessment
Ask to see the letter of transmittal. Is the government, organization or institution providing its own information? Does the information originate with the government, organization or institution or from somewhere else? if somewhere else, from where? Did the government, organization or institution add anything to the information or simply pass it along?

Relevant Questions

Departmental Response

Assessment

Ask to see the letter of transmittal.

Is the government, organization or institution providing its own information?

Does the information originate with the government, organization or institution or from somewhere else?

if somewhere else, from where?

Did the government, organization or institution add anything to the information or simply pass it along?

Statement of Test to be Met

Government, organization or institution must have authority to transmit the information

Relevant Questions	Departmental Response	Assessment
What was the reason the government, organization or institution transmitted the information? If an institution provided the information: was the institution acting on behalf of its government, organization or institution when it sent the information? was the institution acting under the authority of the government, organization or institution when it sent the information? who/what body authorized the institution to send the information? Was the information transmitted pursuant to a treaty or other agreement or written policy? describe/provide Had the federal government requested the information from the government, organization or institution? under what arrangement?

Relevant Questions

Departmental Response

Assessment

What was the reason the government, organization or institution transmitted the information?

If an institution provided the information:

was the institution acting on behalf of its government, organization or institution when it sent the information?
was the institution acting under the authority of the government, organization or institution when it sent the information?
who/what body authorized the institution to send the information?
Was the information transmitted pursuant to a treaty or other agreement or written policy?
- describe/provide
Had the federal government requested the information from the government, organization or institution?
- under what arrangement?

Statement of Test to be Met

Information must have been obtained in confidence

Relevant Questions	Departmental Response	Assessment
Ask to see the letter of transmittal or any covering letters. Was there an express request that the information be treated in a confidential manner? Was the information stamped 'confidential' when it was received? Did a federal government office make any notes, memoranda indicating that the material was being provided on a confidential basis? Do these notes indicate a source for such a request? Is there a history of treating the information sent in a confidential manner? What are the reasons for this? How long has the arrangement been in place? Has the information been treated confidentially at the request of the foreign government, institution? Is the foreign government aware the information is being maintained on a confidential basis? Is the information treated confidentially by the federal government, organization or institution? describe measures. to whom is it disclosed? Is the government, organization/institution aware it is disclosed in this way? have they objected?

Relevant Questions

Departmental Response

Assessment

Ask to see the letter of transmittal or any covering letters.

Was there an express request that the information be treated in a confidential manner?

Was the information stamped 'confidential' when it was received?

Did a federal government office make any notes, memoranda indicating that the material was being provided on a confidential basis?

Do these notes indicate a source for such a request?

Is there a history of treating the information sent in a confidential manner?

What are the reasons for this?
How long has the arrangement been in place?

Has the information been treated confidentially at the request of the foreign government, institution?

Is the foreign government aware the information is being maintained on a confidential basis?

Is the information treated confidentially by the federal government, organization or institution?

describe measures.
to whom is it disclosed?

Is the government, organization/institution aware it is disclosed in this way?

have they objected?

Statement of Test to be Met

Information may be released if government, organization/institution makes the information public.

Relevant Questions	Departmental Response	Assessment
Has the government, organization/institution released the information to others? who? Has it published the information? Has it consulted with others about the subject matter of the information? who? for what purpose/reason? How is the information treated internally by the government, organization/institution?

Relevant Questions

Departmental Response

Assessment

Has the government, organization/institution released the information to others?

who?

Has it published the information?

Has it consulted with others about the subject matter of the information?

who?
for what purpose/reason?

How is the information treated internally by the government, organization/institution?

Statement of Test to be Met

Note: if paragraphs 13(1)(c) or (d) are claimed:

must be a provincial government (including territories)
must be established by provincial legislation
inapplicable to aboriginal local or regional governments unless recognized provincial/territorial legislation
inapplicable to other aboriginal governments

Relevant Questions	Departmental Response	Assessment
Is the municipality or regional government established by or pursuant to a provincial legislation? Specify. Is there provincial legislation recognizing the establishment of the local government? If established by by-law or subordinate legislation, was the regional or other government passing the by-law itself created by provincial legislation?

Relevant Questions

Departmental Response

Assessment

Is the municipality or regional government established by or pursuant to a provincial legislation?

Specify.

Is there provincial legislation recognizing the establishment of the local government?

If established by by-law or subordinate legislation, was the regional or other government passing the by-law itself created by provincial legislation?