The Office of the Information and Privacy Commissioner has released Report A-2026-030 under authority of the Access to Information and Protection of Privacy Act, 2015. A summary of the Report is included below.
To view the Report in its entirety, please go to www.oipc.nl.ca/reports/reports/.
| Report: | A-2026-030 |
| Report Date: | September 25, 2026 |
| Public Body: | Treasury Board Secretariat |
| Summary: | The Complainant made a request to Treasury Board Secretariat (TBS) for records about a workplace safety concern and work refusal. TBS provided responsive records to the Complainant but withheld information under sections 29 (policy advice or recommendations), 30 (legal advice), and 40 (disclosure harmful to personal privacy) of the Access to Information and Protection of Privacy Act, 2015. The Complainant asked the Commissioner to review the exceptions claimed and to assess the adequacy of the search for records conducted by TBS. The Complainant also argued that the records should be disclosed because of the public interest override at section 9. The Commissioner found that TBS appropriately applied sections 29 and 40 and determined a reasonable search for records had been conducted. The Report also explains that current jurisprudence bars the Commissioner in most cases from testing the veracity of a claim of section 30 (legal advice), forcing her to accept a mere assertion from TBS that section 30 applies, without evidence. |
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