5819-00671 — Innovation, Science and Economic Development Canada
The complainant alleged that Innovation, Science and Economic Development Canada (ISED) improperly withheld "Repayments to Date" figures for 16 projects related to 12 third parties under paragraph 20(1)(c) of the Access to Information Act. ISED and several third parties argued that disclosure could lead to material financial impact or harm competitive position. The Commissioner found that neither ISED nor the third parties demonstrated a clear and direct connection between the disclosure of the specific repayment figures and a reasonable expectation of harm. The Commissioner also considered, but rejected, the applicability of paragraph 20(1)(d) for one third party, finding insufficient evidence of interference with negotiations. Consequently, the Commissioner ordered ISED to disclose all the withheld "Repayments to Date" figures. ISED agreed to implement the order.
- 1Whether s.20(1)(c) ATIA (financial impact on a third party or harm to competitive position) was properly applied to "Repayments to Date" figures
- 2Whether there was a clear and direct connection between disclosure and a risk of harm well beyond the merely possible for s.20(1)(c)
- 3Whether s.20(1)(d) ATIA (interference with contractual or other negotiations of a third party) was properly applied to "Repayments to Date" figures
- 4Whether there was a clear and direct connection between disclosure and a risk of harm well beyond the merely possible for s.20(1)(d)
- s.20(1)(c) third-party info: Exemption not upheld
- s.20(1)(d) third-party info: Exemption not upheld
- Disclosure of records: Records ordered disclosed
- Compliance with order: Institution agreed to comply
Complaint well founded — disclosure ordered
Neither the institution nor the third parties met the burden of demonstrating a clear and direct connection between the disclosure of the specific repayment figures and a reasonable expectation of material financial impact, harm to competitive position, or interference with negotiations, as required by paragraphs 20(1)(c) and 20(1)(d) of the ATIA.
The Minister of Innovation, Science and Industry is ordered to disclose all "Repayments to Date" figures for the 16 projects relating to the 12 third parties within the record.
- s.20(1)(c) ATIA
- s.20(1)(d) ATIA
- s.36.1(1) ATIA
- s.35(2)(c) ATIA
- s.36.3 ATIA
- s.20(5) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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