Federal (Canada)Access to Information ActWell-founded

5819-05665 — Correctional Service Canada

Organization: Correctional Service CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Correctional Service Canada (CSC) improperly withheld information from a contract with Presidia Security Consulting Inc. under subsections 19(1), 20(1)(b), 20(1)(c), and 21(1)(a) of the Access to Information Act. During the investigation, CSC agreed to no longer rely on subsection 21(1)(a) and conceded that some information withheld under subsection 19(1) did not meet the exemption criteria. The Information Commissioner found that CSC had properly applied subsection 19(1) to the remaining personal information, as the criteria were met and no circumstances for discretionary disclosure under subsection 19(2) existed. However, the Commissioner determined that information on page 337 was improperly withheld under paragraphs 20(1)(b) and 20(1)(c), as CSC and Presidia failed to demonstrate how it met the requirements for confidentiality, financial/commercial nature, or potential for financial harm/competitive injury. Consequently, the Commissioner ordered CSC to release the information it had agreed to disclose, as well as the specific information on page 337 previously withheld under section 20. CSC subsequently released the additional information.

Key issues
  1. 1Whether s.19(1) personal information exemption was properly applied
  2. 2Whether s.19(2) discretion to disclose personal information was required
  3. 3Whether s.20(1)(b) confidential third-party financial, commercial, scientific or technical information exemption was properly applied
  4. 4Whether s.20(1)(c) financial impact on a third party exemption was properly applied
  5. 5Whether s.21(1)(a) advice or recommendations exemption was properly applied
Outcome breakdownFavours: Both, in part
  • s.21(1)(a) exemption: Exemption dropped by institution
  • s.19(1) personal information: Exemption partially conceded by institution
  • s.19(1) personal information: Exemption upheld for remaining information
  • s.20(1)(b) financial information: Exemption not upheld for specific information
  • s.20(1)(c) financial information: Exemption not upheld for specific information
  • Disclosure of records: Records ordered disclosed and released
Outcome

Complaint well founded — disclosure ordered

Reasoning

The Commissioner found that while CSC properly applied s.19(1) to some information, it improperly withheld specific information on page 337 under s.20(1)(b) and s.20(1)(c) because the institution and third party failed to provide sufficient evidence to meet the exemption criteria. CSC had also agreed to release other information previously withheld under s.19(1) and s.21(1)(a).

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Decision notes
Recommended action / remedy

The Commissioner ordered Correctional Service Canada to release all information it had already agreed to release, as well as all information previously withheld pursuant to section 20 on page 337 of the responsive records.

Statutes considered
  • s.19(1) ATIA
  • s.20(1)(b) ATIA
  • s.20(1)(c) ATIA
  • s.21(1)(a) ATIA
  • s.30(1)(a) ATIA
  • s.36.1(1) ATIA

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

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