Innovation, Science and Economic Development Canada (Re), 2022 OIC 22
The complainant alleged that Innovation, Science and Economic Development Canada (ISED) improperly withheld job creation estimates under paragraph 20(1)(c) of the Access to Information Act. The scope was narrowed to 11 third parties. Only one third party, Toyota, provided representations to support the exemption. The Information Commissioner found that neither ISED nor Toyota sufficiently demonstrated that disclosure would cause material financial harm or prejudice competitive position. The Commissioner recommended disclosure of all information, but ISED stated it would continue to withhold certain information related to Toyota.
- Application of paragraph 20(1)(c) (financial impact on a third party)
- Sufficiency of representations from third parties
- Reasonable expectation of harm
- Necessity of an explanatory note
Complaint well founded — disclosure recommended
The Commissioner found that ISED and the third party (Toyota) failed to provide sufficient evidence to demonstrate a clear link between the disclosure of the information and a risk of harm beyond the merely possible, as required by paragraph 20(1)(c).
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The Commissioner recommended that the Minister of Innovation, Science and Industry disclose all information related to the 11 third parties.
- s.20(1)(c) ATIA
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