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 12 third parties under paragraph 20(1)(c) of the Access to Information Act. The institution and several third parties argued that disclosure could harm competitive positions or financial interests. The Information Commissioner found that neither ISED nor the third parties met the burden of proving that disclosure would cause harm beyond the merely possible. The Commissioner ordered ISED to disclose the information.
- Whether the "Repayments to Date" figures met the requirements for exemption under paragraph 20(1)(c) of the ATIA regarding financial impact on a third party.
- Whether the "Repayments to Date" figures met the requirements for exemption under paragraph 20(1)(d) of the ATIA regarding interference with third-party negotiations.
- Whether the third parties or the institution met their burden of proof to demonstrate that disclosure would cause harm beyond the merely possible.
- Whether the disclosure of the information was in the public interest.
Complaint well founded — disclosure ordered
The Commissioner found that neither the institution nor the third parties provided sufficient evidence to demonstrate a clear and direct connection between the disclosure of the "Repayments to Date" figures and a risk of harm well beyond the merely possible, which is required for the exemptions to apply.
AI-generated summary for reference only. Always verify against the official decision ↗
The Commissioner ordered Innovation, Science and Economic Development Canada to disclose all "Repayments to Date" figures for the 16 projects relating to the 12 third parties identified in the complaint.
- s.20(1)(c) ATIA
- s.20(1)(d) ATIA
- s.36.1 ATIA
- s.35(2)(c) ATIA
- s.36.3 ATIA
- s.20(5) ATIA
- s.41 ATIA
- s.43 ATIA
This is an informational summary and not legal advice.