5821-00274 — Natural Resources Canada
The complainant alleged that Natural Resources Canada (NRCan) improperly withheld information under paragraphs 20(1)(b), 20(1)(c), and 20(1)(d) of the Access to Information Act. The request sought records related to NRCan and/or Canadian Forest Service representatives on the Board of Governors of the Maritime College of Forest Technology (MCFT). While NRCan also withheld information under subsection 19(1) and section 23, these exemptions were not at issue in the complaint. During the investigation, MCFT agreed to disclose two pieces of information that were publicly available. For the remaining information, the Commissioner found that NRCan and MCFT failed to demonstrate that the information met the confidentiality criteria or that there was a reasonable expectation of harm from disclosure, as required by the exemptions. Consequently, the Commissioner ordered NRCan to disclose the information not covered by subsection 19(1) or section 23. NRCan subsequently notified the Commissioner that it would implement the order.
- 1Whether the records were under the control of Natural Resources Canada
- 2Whether the information was financial, commercial, scientific or technical under s.20(1)(b)
- 3Whether the information was confidential under s.20(1)(b)
- 4Whether the information was supplied by a third party to a government institution under s.20(1)(b)
- 5Whether the third party consistently treated the information as confidential under s.20(1)(b)
- 6Whether disclosure could reasonably be expected to result in material financial loss or gain to the third party under s.20(1)(c)
- 7Whether disclosure could reasonably be expected to injure the competitive position of the third party under s.20(1)(c)
- 8Whether there was a reasonable expectation of harm under s.20(1)(c)
- 9Whether a third party is or will be conducting contractual or other negotiations under s.20(1)(d)
- 10Whether disclosure could reasonably be expected to interfere with those negotiations under s.20(1)(d)
- 11Whether there was a reasonable expectation of harm under s.20(1)(d)
- s.20(1)(b) third-party info: Exemption not upheld
- s.20(1)(c) 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 implement order
Complaint well founded — disclosure ordered
The Commissioner found that Natural Resources Canada and the third party (MCFT) failed to provide sufficient evidence to demonstrate that the withheld information met the criteria for confidentiality, or that its disclosure would cause a reasonable expectation of material financial harm, injury to competitive position, or interference with negotiations, as required by paragraphs 20(1)(b), 20(1)(c), and 20(1)(d) of the Act.
The Minister of Natural Resources is ordered to disclose all information previously withheld under paragraphs 20(1)(b), (c), and (d), except for information properly withheld under subsection 19(1) or section 23.
- s.19(1) ATIA
- s.20(1)(b) ATIA
- s.20(1)(c) ATIA
- s.20(1)(d) ATIA
- s.23 ATIA
- s.30(1)(a) ATIA
- s.35(2)(c) ATIA
- s.36.1(1) ATIA
- s.37(4) ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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