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Federal (Canada)Access to Information ActWell-founded

5819-00768 — Innovation, Science and Economic Development Canada

Organization: Innovation, Science and Economic Development CanadaComplainant: Anonymous applicant
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Plain-language brief

An anonymous applicant complained that Innovation, Science and Economic Development Canada (ISED) improperly withheld "Total Repayment figures" related to several projects under the Technology Partnerships Canada (TPC) program, involving 21 third parties. ISED initially relied on paragraph 20(1)(c) of the Access to Information Act, while some third parties also raised paragraphs 20(1)(b) and 20(1)(d). The Commissioner found that the information was financial and commercial but not objectively confidential under paragraph 20(1)(b), as there was no reasonable expectation of non-disclosure for public funds, nor would confidentiality foster public benefit. For paragraph 20(1)(c), the Commissioner determined that neither ISED nor the third parties demonstrated a clear and direct connection between disclosure and a reasonable expectation of material financial harm or injury to competitive position, deeming their arguments speculative. Similarly, for paragraph 20(1)(d), insufficient evidence was provided to show that disclosure would interfere with contractual negotiations. Consequently, the complaint was found to be well-founded, and the Commissioner ordered ISED to disclose all the Total Repayments figures at issue.

Key issues
  1. 1Whether the Total Repayment figures are financial or commercial information under s.20(1)(b) ATIA
  2. 2Whether the Total Repayment figures are confidential under s.20(1)(b) ATIA
  3. 3Whether the circumstances of communication gave rise to a reasonable expectation of non-disclosure for the Total Repayment figures under s.20(1)(b) ATIA
  4. 4Whether confidential communication of the Total Repayment figures would foster the relationship between third parties and ISED for public benefit under s.20(1)(b) ATIA
  5. 5Whether disclosure of the Total Repayment figures could reasonably be expected to result in material financial loss or gain to a third party under s.20(1)(c) ATIA
  6. 6Whether disclosure of the Total Repayment figures could reasonably be expected to injure the competitive position of a third party under s.20(1)(c) ATIA
  7. 7Whether a clear and direct connection between disclosure and harm was demonstrated for s.20(1)(c) ATIA
  8. 8Whether arguments of public misunderstanding justify withholding information under s.20(1)(c) ATIA
  9. 9Whether disclosure of the Total Repayment figures could reasonably be expected to interfere with contractual or other negotiations of a third party under s.20(1)(d) ATIA
  10. 10Whether a clear and direct connection between disclosure and interference (obstruction) was demonstrated for s.20(1)(d) ATIA
Outcome breakdownFavours: Applicant / complainant
  • s.20(1)(b) confidential info: Exemption not upheld
  • s.20(1)(c) financial harm: Exemption not upheld
  • s.20(1)(d) contractual interference: Exemption not upheld
  • Complaint validity: Complaint well-founded
  • Disclosure of records: Records ordered disclosed
Outcome

Complaint well founded — disclosure ordered

Reasoning

The Commissioner found that neither ISED nor the third parties demonstrated that the Total Repayment figures met the requirements for exemption under s.20(1)(b), s.20(1)(c), or s.20(1)(d), specifically failing to establish objective confidentiality or a reasonable expectation of harm from disclosure.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Recommended action / remedy

The Commissioner ordered Innovation, Science and Economic Development Canada to disclose all Total Repayments figures for the 80 projects related to the 21 third parties within 10 days.

Statutes considered
  • s.20(1)(b) ATIA
  • s.20(1)(c) ATIA
  • s.20(1)(d) ATIA
  • s.20(5) ATIA
  • s.20(6) ATIA
  • s.20(2) ATIA
  • s.20(4) ATIA
  • s.36.1(1) ATIA
  • s.36.1(4)(b) ATIA
  • s.37(4) ATIA
  • s.41 ATIA
  • s.43 ATIA

This summary is for informational purposes only and does not constitute legal advice.

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