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The following is a list of some of the most recent postings on the website, including Orders, Investigation Reports, news releases and resources. The dates below correspond to the date that each item was posted on the website.

Order F2021-20: Brazeau Seniors Foundation
June 17, 2021

A former employee of Brazeau Seniors Foundation made an access request to the foundation for access to records related to an incident and an investigation into the incident. The foundation responded to the request, but withheld third party personal information (section 17) and information subject to solicitor-client privilege and litigation privilege (section 27(1)(a)). The Adjudicator found that the foundation withheld information that was not third party personal information, including statements made by its employees in the course of the investigation. The Adjudicator also found that contextual information related to third party individuals who participated in the investigation was also not third party personal information, since it was not about an identifiable individual. The Adjudicator ordered the foundation to disclose information withheld under section 17(1) that was not third party personal information. The Adjudicator found the foundation properly withheld information subject to solicitor-client privilege and litigation privilege.

Order P2021-05: Weinrich Contracting Ltd.
June 17, 2021

In Decision P2020-D-01, the Adjudicator determined that an agreement between a complainant and Weinrich Contracting Ltd., for which the complainant was a sole director and equal shareholder with his brother, did not preclude the Commissioner from conducting an inquiry into the issues raised by the complainant in a request for inquiry that the complainant had submitted. In this part of the inquiry, the Adjudicator considered whether the Weinrich Contracting Ltd. collected, used or disclosed the complainant’s personal information in contravention of PIPA. The Adjudicator determined that the brother collected the complainant’s emails on his own behalf, acting in an individual capacity. Therefore, PIPA does not apply to that collection, or subsequent use or disclosure.

Update to Request for Time Extension Form
June 10, 2021

The Request for Time Extension under Section 14 Form (Public Body Use Only) has been updated. The form now allows for formatting options, such as font styles or track changes, in text boxes. No other content in the form changed. Links to previous versions of the form should redirect to the updated form.

Order F2021-19: Calgary Police Service
June 3, 2021

An applicant made an access request to Calgary Police Service (CPS) relating to a specified RCMP file. CPS provided 65 pages of records, some of which were partially redacted in reliance on exceptions for disclosure harmful to personal privacy (sections 17(1)), disclosure harmful to law enforcement (section 20(1) and 20(3)), advice from officials (section 24(1)(a) and 24(1)(b)), and privileged information (section 27(1)(a)). CPS also withheld an audio file responsive to the second request in reliance on section 17(1). The Adjudicator determined that the search for the records was adequate, but that in a few instances, explanations were needed as to why records were not located when it appeared, or seemed likely, that they were once in the possession of CPS. The Adjudicator upheld the redactions for some but not all of the records. The Adjudicator reserved jurisdiction to decide whether section 17(1) applied to withheld information in a number of instances in which she determined third parties needed to be notified.

Commissioners Call on Governments to Reinforce Rights
June 2, 2021

Canada’s Information and Privacy regulators called on their respective governments to respect Canadians' quasi-constitutional rights to privacy and access to information. The regulators took note of the serious impact the COVID-19 pandemic has had on the right of access to information and privacy rights in Canada and called on governments to use the lessons learned during the pandemic to improve these rights.

Order F2021-16: City of Edmonton
May 26, 2021

An individual made an access request to the City of Edmonton for a list of properties required for the Yellowhead Trail freeway conversion. The City of Edmonton withheld all information citing disclosure harmful to economic and other interests (section 25) and privileged information (section 27). The City of Edmonton ultimately withdrew its application of sections 25 and 27 during the review and inquiry, and provided the responsive records to the applicant. The applicant then argued that it was seeking an updated version of the responsive records. The Adjudicator determined, however, that the only reviewable decision was the decision made by the City of Edmonton in 2017, to withhold the information in the records that were responsive at that time. The City of Edmonton had not made a decision on the updated list of properties and there was no updated decision for the Adjudicator to review.

Order F2021-17: City of Edmonton
May 26, 2021

An individual made an access request to the City of Edmonton for a list of properties required for LRT projects. The City of Edmonton withheld all information citing disclosure harmful to economic and other interests (section 25). The City of Edmonton ultimately withdrew its application of section 25 during the inquiry, and provided the responsive records to the applicant. The applicant then argued that it was seeking an updated version of the responsive records. The Adjudicator determined, however, that the only reviewable decision was the decision made by the City of Edmonton in 2018, to withhold the information in the records that were responsive at that time. The City of Edmonton had not made a decision on the updated list of properties and there was no updated decision for the Adjudicator to review.

Order F2021-18: Environment and Parks
May 26, 2021

An individual made an access request to Alberta Environment and Parks for records relating to an employee survey conducted by the department. The applicant also requested a fee waiver on the grounds that the records related to a matter of public interest. The Adjudicator found that the records sought and obtained by the applicant did not meet the test for a fee waiver on the grounds of public interest.

Order H2021-04: Alberta Health Services
May 26, 2021

An individual requested a copy of a letter from Alberta Health Services (AHS) that the individual believed had been written by a doctor. AHS was unable to locate a copy of the letter. The Adjudicator determined that AHS had conducted a reasonable search for responsive records.

Order H2021-05: Dr. John Dushinski
May 26, 2021

An individual requested a copy of a letter from Dr. Dushinski that the individual believed had been written to Alberta Health Services. Dr. Dushinski did not respond to the access request. The Adjudicator found that the Dr. Dushinski had not responded to the applicant in the timeframe required by HIA, but had responded during the inquiry.

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