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Federal (Canada)Access to Information ActWell-founded

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

Organization: Atlantic Canada Opportunities AgencyComplainant: Anonymous applicant
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Plain-language brief

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 paragraphs 20(1)(b) and 20(1)(d) of the Access to Information Act. The withheld information included details about the OECD's operating expenses, ACOA's contribution, and a statement regarding the OECD. The Office of the Information Commissioner (OIC) found that neither ACOA nor the OECD provided sufficient evidence to support the application of either exemption. Specifically, the OIC determined that the information did not meet the confidentiality requirements of paragraph 20(1)(b) and that there was no reasonable expectation of harm to negotiations under paragraph 20(1)(d). Consequently, the Commissioner ordered ACOA to disclose the records in their entirety, and ACOA agreed to implement the order.

Key issues
  1. 1Whether the information constitutes confidential third-party financial, commercial, scientific or technical information under s.20(1)(b) ATIA
  2. 2Whether the information is financial, commercial, scientific or technical
  3. 3Whether the information is confidential by an objective standard
  4. 4Whether the third party supplied the information to a government institution
  5. 5Whether the third party has consistently treated the information as confidential
  6. 6Whether the information could reasonably be expected to interfere with contractual or other negotiations of a third party under s.20(1)(d) ATIA
  7. 7Whether a third party is or will be conducting contractual or other negotiations
  8. 8Whether disclosing the information could interfere with those negotiations
  9. 9Whether there is a reasonable expectation that harm could occur
Outcome breakdownFavours: Applicant / complainant
  • s.20(1)(b) third-party info: Exemption not upheld
  • s.20(1)(d) third-party info: Exemption not upheld
  • Disclosure of records: Records ordered disclosed
  • Compliance with order: Institution agreed to comply
Outcome

Complaint well founded — disclosure ordered

Reasoning

Neither the institution nor the third party provided sufficient evidence to demonstrate that the withheld information met the requirements for exemption under paragraphs 20(1)(b) or 20(1)(d) of the Act.

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Decision notes
Recommended action / remedy

The President of ACOA is ordered to disclose the records in their entirety.

Statutes considered
  • s.20(1)(b) ATIA
  • s.20(1)(d) ATIA
  • s.30(1)(a) ATIA
  • s.36.1(1) ATIA
  • s.37(4) ATIA

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

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