5819-00768 — Innovation, Science and Economic Development Canada
The complainant alleged that Innovation, Science and Economic Development Canada (ISED) improperly withheld Total Repayment figures related to the Technology Partnerships Canada (TPC) program, citing exemptions concerning financial impact on third parties (s. 20(1)(c)) and other provisions. The scope was narrowed to 21 third parties. The Information Commissioner found that neither ISED nor the third parties provided sufficient evidence to meet the requirements for these exemptions. Consequently, the Commissioner ordered ISED to disclose all the withheld information.
- Whether the Total Repayments figures meet the criteria for exemption under paragraph 20(1)(b) (confidential third-party information).
- Whether the Total Repayments figures meet the criteria for exemption under paragraph 20(1)(c) (financial impact on a third party).
- Whether the Total Repayments figures meet the criteria for exemption under paragraph 20(1)(d) (interference with third-party negotiations).
- The burden of proof on the institution and third parties to demonstrate that exemptions apply.
Complaint well founded — disclosure ordered
The Commissioner found that ISED and the third parties failed to demonstrate that the withheld Total Repayments figures met the legal requirements for exemptions under paragraphs 20(1)(b), 20(1)(c), and 20(1)(d) of the Access to Information Act. Specifically, the evidence did not establish a reasonable expectation of confidentiality, a clear and direct connection to material financial harm, or a risk of interfering with negotiations, well beyond mere speculation.
AI-generated summary for reference only. Always verify against the official decision ↗
The Commissioner ordered Innovation, Science and Economic Development Canada to disclose all withheld Total Repayments figures for the 80 projects relating to the 21 third parties.
- s.20(1)(c) ATIA
- s.20(1)(b) ATIA
- s.20(1)(d) ATIA
- s.36.1(1) ATIA
- s.37(4) ATIA
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