Canada Post Corp. v. Canada (Minister of Public Works and Government Services), 2004 FCA 286

Date: 20040907

Docket: A-58-04

Citation: 2004 FCA 286

CORAM:        DÉCARY J.A.

SEXTON J.A.

PELLETIER J.A.

BETWEEN:

                                                 CANADA POST CORPORATION

                                                                                                                                            Appellant

                                                                           and

                                        THE MINISTER OF PUBLIC WORKS AND

                                            GOVERNMENT SERVICES CANADA

                                                                                                                                        Respondent

                                        Heard at Ottawa, Ontario, on September 7, 2004.

                  Judgment delivered from the Bench at Ottawa, Ontario, on September 7, 2004.

REASONS FOR JUDGMENT OF THE COURT BY:                                                  DÉCARY J.A.

Date: 20040907

Docket: A-58-04

Citation: 2004 FCA 286

CORAM:        DÉCARY J.A.

SEXTON J.A.

PELLETIER J.A.

BETWEEN:

                                                 CANADA POST CORPORATION

                                                                                                                                            Appellant

                                                                           and

                                        THE MINISTER OF PUBLIC WORKS AND

                                            GOVERNMENT SERVICES CANADA

                                                                                                                                        Respondent

                                     REASONS FOR JUDGMENT OF THE COURT

                    (Delivered from the Bench at Ottawa, Ontario, on September 7, 2004)

DÉCARY J.A.

[1]                We are of the view that this appeal from a decision of the Federal Court should be dismissed.

[2]                The only issue before us is whether the records at issue were "under the control" ("relevant de", in the French text) of Public Works and Government Services Canada (the Department) within the meaning of subsection 4(1) of the Access to Information Act (the Act) at the time of the request. They clearly were, as they were under the control (as defined in Canada Post Corp. v. Canada (Minister of Public Works), [1995] 2 F.C. 110 (C.A.), aff'g [1993] 3 F.C. 320) of the Corporate Implementation Group (CIG), a departmental branch of the Department of Public Works and Government Services Canada which is responsible for supporting the Deputy Minister of the Department in his role as principal policy advisor to the Minister and which assists the Minister with the management of his Crown Corporation Portfolio.

[3]                The relationship of CIG to the Minister responsible for Canada Post Corporation, who happens to have been at the relevant time the Minister of Public Works and Government Services Canada, is irrelevant for the determination of the issue of whether the records were under the control of a government institution and thus subject to the Act. That the records were provided to CIG to allow it to perform its duty in relation to assisting the Minister in the administration of Crown Corporations does not diminish, or alter, the fact that CIG is part of the Department. We are not dealing here with records which are under the control of the Minister himself or his exempt staff, which records counsel for the respondent concedes are not under the control of a government institution for purposes of the Act.

[4]                Canada Post Corporation, which admittedly is not subject to the provisions of the Act, is in no different position in relation to information it provides to government institutions that are subject to the Act than is any other third party: it is entitled to receive a third party notice under section 27 of the Act and show that exemptions under the Act apply in order to prevent the release of the information in the records.

[5]                The appeal will be dismissed with costs.

                                                                                                                                    "Robert Décary"                            

                                                                                                                                                      J.A.

                                                  FEDERAL COURT OF APPEAL

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                               A-58-04

APPEAL FROM AN ORDER OF THE FEDERAL COURT OF CANADA DATED JANUARY 6, 2004,    NO. T-1900-00

STYLE OF CAUSE:                                                               Canada Post Corporation v. The Minister of Public Works and Government Services Canada

PLACE OF HEARING:                                                         Ottawa, Ontario

DATE OF HEARING:                                                           September 7, 2004

REASONS FOR JUDGMENT OF THE COURT:              Décary, Sexton, Pelletier JJA

DELIVERED FROM THE BENCH BY:                             Décary J.A.

APPEARANCES:

SOLICITORS OF RECORD: