To: [email protected]
From: [email protected]
09 Feb, 26 5:46:15 PM
Complaint re: ATIP file #A-2024-2025-005 Comm. of Lobbying illegal retractions
To whom it may concern,
I hope all is well. I am filing this complaint about how the Commissioner of Lobbying has responded to the Access to Information Act (ATIA) request I filed with them in May 2024, their ATIP file #A-2024-2025-005. I tried to file the online form but it didn’t work.
I filed the request in May 2024. I requested the records of concluded investigations of the Commissioner — specifically records of investigations that the Commissioner had referred to the RCMP for further investigation for violations of the federal Lobbying Act, and that the RCMP had returned to the Commissioner after deciding not to prosecute the lobbyists involved in each situation, and that the Commissioner had then concluded the investigation file.
Under subsection 16.2(2) of the ATIA, the Commissioner is required to disclose any record that contains information that was created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by, or under the authority of, the Commissioner once the investigation and all related proceedings, if any, are finally concluded.
As a result, the Commissioner is required to disclose the records that I specifically requested. The RCMP concluded related proceedings, and the Commissioner’s office concluded her investigation.
I specifically stated in my request that I was not requesting disclosure in any record of any personal or third-party information covered by s. 19 or s. 20 of the ATIA. I did this in order to avoid the delay that still happened as the Commissioner blatantly violated the ATIA by failing to disclose the records for more than one year after the Commissioner’s own self-imposed extension of the disclosure deadline to October 18, 2024.
The Commissioner finally disclosed the records on December 11, 2025. The records, split into 13 files (one for each investigation of alleged violation(s) by a lobbyist) are too large to email to you, but you can get them from the Commissioner’s office.
I am filing this complaint because the disclosed records contain several illegal redactions by the Commissioner. As you can see in the attached cover letter from the Commissioner’s office that was sent to me with the disclosed records on December 11th, the Commissioner states that the RCMP returned 13 files to the Commissioner’s office, and it seems clear that the Commissioner has also concluded the investigations in those files.
As you can also see, the letter from the Commissioner cites subsection 16.2(1) as one of the reasons for redactions in the records.
As you will also see when you review the 13 files of records that the Commissioner disclosed, several of the records cite subsection 16.2(1) of the ATIA as the reason for a redaction in the records, a subsection that is overridden entirely by subsection 16.2(2) as soon as the Commissioner concludes the investigation. Each instance in the records that the Commissioner invokes subsection 16.2(1) is a blatant violation of subsection 16.2(2).
The Commissioner of Lobbying testified on April 16, 2024 before the House Ethics Committee that she had referred 15 cases to the RCMP since she became Commissioner in January 2018, and they had let off the lobbyists in 9 cases returned to her, and that the RCMP still had 4 cases under investigation. See p. 12 of testimony at:
https://www.ourcommons.ca/Content/Committee/441/ETHI/Evidence/EV13024643/ETHIEV112-E.PDF.
Commissioner Bélanger gave an update on October 6, 2025 before the House Ethics Committee, saying that she had referred 18 cases to the RCMP since she became Commissioner at the end of December 2017, and the RCMP had let off the lobbyists in 10 cases returned to her, and that 2 lobbyists had been prosecuted by the RCMP, 2 cases were “in discussion” (whatever that means), and that the RCMP still had 2 cases under investigation. See p. 19 of testimony at:
https://www.ourcommons.ca/Content/Committee/451/ETHI/Evidence/EV13632163/ETHIEV07-E.PDF.
As a result, at least 10 of the 13 files of records disclosed by the Commissioner are fully concluded and, therefore, it is a violation of the ATIA to cite subsection 16.2(1) of the ATIA as one of the reasons for redactions in the records.
In addition, you will see when you review the 13 files containing the records of each of the 13 investigations that the Commissioner’s office regularly cites as the reason for redactions all of the provisions in the ATIA from “16(1)(c) – 16.2(1)” — meaning all of the provisions of the ATIA from 16(1)(c) through to and including 16.2(1).
Provision 16(1)(c) of the ATIA can only be used as a reason for a redaction if the redacted information “could reasonably be expected to be injurious to the enforcement of any law of Canada or a province or the conduct of lawful investigations…” It is completely unreasonable to expect that investigation records about a concluded investigation, which are required to be disclosed under subsection 16.2(2) (which arguably also overrides provision 16(1)(c)), would be injurious to the enforcement of the federal Lobbying Act.
Provision 16(1)(d) of the ATIA can only be used as a reason for a redaction if the redacted information “could reasonably be expected to be injurious to the security of penal institutions.” None of the investigations by the Commissioner have anything to do with the security of penal institutions.
Subsection 16(2) of the ATIA can only be used as a reason for a redaction if the redacted information “could reasonably be expected to facilitate the commission of an offence”. It is completely unreasonable to expect that investigation records about a concluded investigation, which are required to be disclosed under subsection 16.2(2) (which arguably also overrides provision 16(1)(c)), would facilitate the commission of an offence.
Subsection 16(3) of the ATIA can only be used as a reason for a redaction if the redacted information “contains information that was obtained or prepared by the Royal Canadian Mounted Police while performing policing services for a province or municipality”. None of the investigations by the Commissioner have anything to do with that kind of information.
Subsection 16(4) of the ATIA defines “investigation” — it doesn’t apply and, therefore, it is clearly illegal to cite it as a reason to redact any record.
Section 16.1 applies to other government institutions — it doesn’t apply to the Commissioner of Lobbying and, therefore, it is clearly illegal to cite it as a reason to redact any record.
To give you a summary of the 13 files of investigation records disclosed by the Commissioner, all of them are concluded investigations and, therefore, it is a clear violation of the ATIA to cite subsection 16.2(1) of the ATIA as the reason to redact any record in each of the 13 files. It is also a clear violation of the ATIA to cite subsections 16(3), 16(4) and 16.1 as the reason to redact any record in each of the 13 files. It is also highly questionable, and clearly unreasonable, for the Commissioner to cite provisions 16(1)(c) and (d), and subsections 16(2) as the reason to redact any record in each of the 13 files. It is very likely that the Commissioner could not actually point to any evidence or cite any reason at all that any of the redactions are in any way justified under provisions 16(1)(c) or (d) or subsection 16(2) of the ATIA.
As a result, a full investigation by the Information Commissioner is justified to reverse and sanction these clear violations of the ATIA by the Commissioner’s office.
Here is the list of the 13 files, and the dates which the records in each file say the Commissioner concluded her investigation:
File #1 — On the last page of this file of investigation records, it says the Commissioner made her final decision concerning this investigation on Dec. 12, 2023.
File #2 — On the last page of this file of investigation records, it says the Commissioner made her final decision concerning this investigation on May 2, 2024.
File #3 — On the last page of this file of investigation records, it says the Commissioner made her final decision concerning this investigation on March 31, 2023.
File #4 — On the last page of this file of investigation records, it says the Commissioner made her final decision concerning this investigation on May 2, 2024.
File #5 — On the last page of this file of investigation records, it says the Commissioner made her final decision concerning this investigation on November 23, 2021.
File #6 — On the last page of this file of investigation records, it says the Commissioner made her final decision concerning this investigation on March 31, 2023.
File #7 — On the last page of this file of investigation records, it says the Commissioner made her final decision concerning this investigation on March 31, 2023.
File #8 — On the last page of this file of investigation records, it says the Commissioner made her final decision concerning this investigation on March 31, 2023.
File #9 — On the last page of this file of investigation records, it says the Commissioner made her final decision concerning this investigation on January 15, 2021.
File #10 — On the last page of this file of investigation records, it says the Commissioner made her final decision concerning this investigation on July 2, 2019.
File #11 — On the last page of this file of investigation records, it says the Commissioner made her final decision concerning this investigation on February 6, 2023.
File #12 — On the last page of this file of investigation records, it says the Commissioner made her final decision concerning this investigation on May 15, 2023.
File #13 — On the last page of this file of investigation records, it says the Commissioner made her final decision concerning this investigation on January 28, 2025.
I look forward to hearing back from you and to a full investigation of these violations of the ATIA by the Office of the Commissioner of Lobbying.
Sincerely,
Duff Conacher, Co-founder of Democracy Watch
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