Today, December 5, is the last day in office for Nunavut's Information and Privacy Commissioner, Graham Steele. He is retiring after serving for five years. A successor has not yet been named.
New decision: HR Dept asked on-leave employee if they were working for another employer. Stated purpose was "updating your file". Employee complained the question was asked under false pretenses. Commissioner finds email did not comply with section 41(2) of the ATIPP Act. Full text canlii.ca/t/kfbn9
New decision: Applicant wanted employment-related records. Education disclosed 301 pages. Commissioner finds Education overused the s.23 exemption (unreasonable invasion of personal privacy). Some redactions under s.23 and s.25.1 (workplace investigation) are upheld. Full text canlii.ca/t/kd8qk
You can find the full text of our Review Report about the Department of Family Services here: canlii.ca/t/kcv5g. All of our decisions are posted to the free and easy-to-use CanLII legal database. Check it out!
Here’s a CBC Nunavut story about one of our recent Review Reports www.cbc.ca/news/canada/...
Key passage: "The tight confidentiality rules in the CFSA are a deliberate choice by the Legislative Assembly and must be respected. No matter how well-intentioned, Family Services cannot make up its own rules about who can have access to the personal information in child-protection files."
New decision: Representative for Children and Youth complained that the restructuring of Family Services creates a systemic breach of privacy on child-protection files. The Commissioner agrees, and recommends that Family Services re-align its structure with the law. Full text canlii.ca/t/kcv5g
Key passage (para82): "In this case, I have found there was no unauthorized disclosure of the Complainant’s IME reports. At almost every point, however, the reports could have been handled more carefully than they were." Full text canlii.ca/t/kcrmn
New decision: Complainant alleged several privacy breaches in the handling of their independent medical exam (IME) reports by Education and Human Resources. Commissioner finds no privacy breach, but makes recommendations for better handling and security of IME reports. Full text canlii.ca/t/kcrmn
We always like to see journalists using the access law to get information for their stories - and it’s even better when they win a prize for it. Congratulations Nunatsiaq News and Madalyn Howitt nunatsiaq.com/stories/arti...
Key passage: "All GN units that collect SINs need to take a hard look at whether collection of the SIN is really necessary. ...If GN units do need to collect SINs – and some do – they have a corresponding responsibility to develop and follow strict policies about access, use, storage, and disposal."
New privacy decision: Health unnecessarily collected Social Insurance Number from certain medical-expense claimants. (They recently stopped doing so when new system came online.) Commissioner recommends that Health and Finance take steps to safeguard the SINs they hold. Full text canlii.ca/t/kcndf
New decision: Applicant, a journalist, asked Housing Corporation for records on condition of staff housing in all 25 communities. NHC estimated fee at $10,000. Commissioner finds fee estimate is not reasonable, recommends NHC recalculate fee estimate and consider waiver. Full text canlii.ca/t/kclqb
New decision: Applicant was unsuccessful in a job competition at Nunavut Arctic College. They wanted to see their references. NAC redacted one reference. Commissioner finds that NAC did not correctly exercise its discretion. Commissioner recommends reconsideration. Full text canlii.ca/t/kckgv
Nunavut is seeking a new Information and Privacy Commissioner! Appointment is for five years (renewable) starting in January 2026. Interested? Details here: www.gov.nu.ca/en/jobs/invi...
Invitation for Applications: Nunavut Information and Privacy Commissikner www.gov.nu.ca/en/jobs/invi...
The full text of the Review Report is also available on our website, and in the free, searchable CanLII legal database: canlii.ca/t/k9dwq. Commissioner recommended that the fatality investigation report and a witness statement be disclosed to the Applicant.
The Minister for the Workers' Safety and Compensation Commission accepts the recommendations in my Review Report 25-284, concerning an investigation report into the death of Dr. Maya Bhatia near Grise Fiord in August 2023. The Minister's decision is posted to our website atipp-nu.ca/sites/defaul...
New decision: A researcher died while doing field work in Nunavut. Employer sent its Safety Act investigation report to the Workers’ Safety & Compensation Commission. Applicant requested disclosure from WSCC, which refused. Commissioner recommends WSCC release the report. Full text canlii.ca/t/k9dwq
This is a reminder, if you need one, that a locked filing cabinet with the key in the lock is not really “locked”.
New decision (25-283): Applicant requested records from GN Housing Appeals Committee. HR said there were no records. Commissioner is satisfied no records exist even though Staff Housing Policy says HR must keep minutes. Commissioner recommends HR start keeping minutes. Full text canlii.ca/t/k9c6t
New decision: Applicant requested records about their employment. Commissioner finds HR erred in not including attachments and other documents referred to in the disclosure package. Commissioner also finds HR correctly applied exemptions under s. 25.1 but not s. 23. Full text canlii.ca/t/k8q2s
New decision (24-281): Applicant requested records, through Department of Family Services, from a facility where they were employed as a subcontractor. Family Services said the ATIPP Act did not apply to the non-profit society managing the facility. Commissioner agrees. Full text canlii.ca/t/k8dm3.
New decision (cont'd): Applicant also asked for review of HR's failure to provide a complete response. Commissioner finds some of the requested information is outside scope of the law. Commissioner recommends additional records within scope of the law be disclosed. Full text canlii.ca/t/k88m0
New decision (24-280): Applicant wanted details of 56 job competitions in which they had been unsuccessful. HR disclosed records about 16 competitions over the previous two years. Older files had been destroyed. Commissioner finds destruction was lawful. Full text canlii.ca/t/k88m0
New decision (24-279): Complainant applied for jobs at Justice. Justice searched professional disciplinary records. Complainant said this collection of information was contrary to the ATIPP Act. Special Commissioner finds it was lawful. Full text canlii.ca/t/k88gw
New decision (24-278): Applicant complained Justice was withholding records about certain job competitions in which Applicant had been an unsuccessful candidate. Special Commissioner finds Justice responded openly, accurately and completely. Full text canlii.ca/t/k88gv
A note to our Bluesky followers: The full text of all NUIPC decisions is available in the wonderful, searchable CanLII legal database (canlii.org) and also on the NUIPC website (atipp-nu.ca). Ministerial responses are on the NUIPC website but not in CanLII.
New decision (24-277): Applicant was a contract Health employee. They requested records about the non-renewal of their contract. HR disclosed some records with redactions. Commissioner recommends the records be disclosed without redaction. Full text canlii.ca/t/k86xg
Intimate Partner Violence (IPV) is a pervasive issue in Canada—123,319 incidents were reported to police in 2023. A new resolution from Canada's privacy commissioners supports responsible info sharing in situations involving IPV to protect privacy and safety. Learn more: ow.ly/pAIH50UhAJ8
