A-2020-00034 — Atlantic Canada Opportunities Agency and Organisation for Economic Co-operation and Development

The complainant alleged that the Atlantic Canada Opportunities Agency (ACOA) improperly withheld information related to a grant made to the Organisation for Economic Co-operation and Development (OECD) under sections 20(1)(b) and 20(1)(d) of the Access to Information Act. The Information Commissioner found that neither ACOA nor the OECD provided sufficient evidence to justify withholding the information under these exemptions. Consequently, the Commissioner ordered ACOA to disclose the records in their entirety, an order which ACOA stated it would implement.

• Whether information concerning a grant to a third party was properly withheld under subsection 20(1)(b) (confidential third-party financial, commercial, scientific or technical information).
• Whether information related to the grant was properly withheld under paragraph 20(1)(d) (contractual or other negotiations of a third party).
• The burden of proof on the institution and/or third party to demonstrate that exemptions apply.
• The nature of confidentiality and reasonable expectation of non-disclosure for financial information.