Hard to Find Documentation

Here is some documentation that is either hard to find, or not available on the Internet.

If you would like to suggest that another hard to find document be added here, please contact Marcel Gauthier.

Court Decisions

Robertson Decision

According to this Federal Court decision (Robertson v. Canada (Minister of Employment and Immigration) (1987), 13 F.T.R. 120 (F.C.T.D.)), when an individual prepares correspondence on behalf of an organization, that person's name, position and unit within the organization cannot be protected as personal information.

Saint John Shipbuilding Decisions

The Saint John Shipbuilding Limited v. Canada (Minister of Supply and Services) (1988), 24 F.T.R. 32 (F.C.T.D.) (Federal Court - Trial Division), and the Saint John Shipbuilding Limited v. Canada (Minister of Supply and Services) (1988), 24 F.T.R. 32 (F.C.T.D.); aff'd (1990), 67 D.L.R. (4th) 315 (F.C.A.) (Federal Court of Appeal) decisions deal with the third party's argument that some of the records may not be relevant to the wording of the request, and with the fact that the third party's arguments dealt with a possibility of harm while the legal requirement is a probability of harm.

Société Gamma Decision

The Société Gamma Inc. v. Canada (Secretary of State) (1994), 56 C.P.R. (3d) 58; 79 F.T.R. 42 (F.C.T.D.) decision dealt with trade secrets, the requirement of paragraph 20(1)(b) that the information be confidential, and the requirements of paragraphs 20(1)(c) and (d) that there be a reasonable expectation of probable harm.

Implementation Reports (not on TBS site)

Implementation Report Number 37 - Various topics including CAIR and Upward Feedback (extremely large file - contact TBS to obtain a copy).

Implementation Report Number 38 - Amendments to the ATIP policies and guidelines with respect to persons with disabilities.

Implementation Report Number 43 - Various topics including third party procedures, and convention on access to records of ministers of previous governments.

Implementation Report Number 47 - Disclosure of Public Opinion Research.

Implementation Report Number 49 - Various topics including revision to the Harassment in the Workplace Policy, fees and in particular preparation fees, and correspondence between ministers.

Implementation Report Number 52 - Report: Review of the Costs Associated with the Administration of the Access to Information and Privacy Legislation (extremely large file - contact TBS to obtain a copy).

Implementation Report Number 57 - Privacy Act - Paragraph 8(2)(g).

Implementation Report Number 59 - Guidelines on paragraph 16(1)(c) of the Access to Information Act and paragraph 22(1)(b) of the Privacy Act (contains legal opinion - contact TBS to obtain a copy).

Implementation Report Number 62 - Draft Policy on protecting personal information by contract.

Annotated ATIP Legislation

Access to Information Act - Annotated by Justice Canada as to Court decisions - This is an Acrobat Reader document (.pdf) - (1999)

Privacy Act - Annotated by Justice Canada as to Court decisions - This is an Acrobat Reader document (.pdf) - (1999)