5819-02244 — Export Development Canada
The complainant requested a summary of financial assistance provided by Export Development Canada (EDC) to Canadian companies in Honduras over $50,000 from 2009 to 2019. EDC withheld information under exemptions related to confidential business information and disclosure restricted by another law. The Information Commissioner found that EDC failed to demonstrate that the information belonged to EDC as required for the first exemption and that the information was "obtained by" EDC as required for the second exemption. The Commissioner ordered EDC to disclose policy types, policy numbers, and maximum liability amounts.
- Applicability of exemption s. 18.1(1) (confidential financial, commercial, scientific or technical information of EDC)
- Meaning of "belongs to" in s. 18.1(1) ATIA
- Interpretation of EDC's Disclosure Policy for confidentiality
- Applicability of exemption s. 24(1) (disclosure restricted by another law) citing s. 24.3(1) of the Export Development Act
- Distinction between information "obtained by" and "created by" EDC under s. 24.3(1) of the Export Development Act
Complaint well founded — disclosure ordered
The Information Commissioner found that Export Development Canada (EDC) did not meet the requirements for withholding information under subsection 18.1(1) of the Access to Information Act, particularly concerning whether the information "belongs to" EDC and was treated as confidential. Furthermore, the Commissioner determined that EDC could not rely on section 24.3(1) of the Export Development Act to restrict disclosure, as the information was "created by" EDC rather than "obtained by" EDC as required by the provision. Consequently, EDC was ordered to disclose the withheld information.
AI-generated summary for reference only. Always verify against the official decision ↗
Export Development Canada was ordered to disclose the policy types (acronyms), policy numbers, and maximum liability amounts that had been withheld.
- s.18.1(1) ATIA
- s.24(1) ATIA
- s.24.3(1) Export Development Act
- s.36.1(1) ATIA
- s.37(4) ATIA
This decision is for informational purposes only and does not constitute legal advice.