5819-02244 — Export Development Canada

The complainant alleged that Export Development Canada (EDC) improperly withheld information related to financial assistance provided to Canadian companies in Honduras. The request sought a summary of all financial assistance over $50,000 from 2009 to 2019. EDC claimed exemptions under subsections 18.1(1) (confidential financial, commercial, scientific or technical information of EDC) and 24(1) (disclosure restricted by another law) of the Access to Information Act. The Information Commissioner found that EDC failed to demonstrate that the information "belonged to" it for the purpose of s.18.1(1), as it was shared with and retained by customers. For s.24(1), EDC invoked section 24.3 of the Export Development Act, but the Commissioner determined that the information was "created" by EDC, not "obtained" by it, thus falling outside the scope of the exemption. The Commissioner ordered EDC to disclose policy types, policy numbers, and maximum liability amounts. EDC partially implemented the order, disclosing only policy types, and indicated its intention to seek a Federal Court review regarding the interpretation of the Export Development Act.