BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5821-00274 — Natural Resources Canada
Office of the Information Commissioner of CanadaAccess to Information Act5821-00274Well-founded
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5821-00274 — Natural Resources Canada

Organization: Natural Resources Canada
Decision: Oct 14, 2022Published: Oct 14, 2022

The complainant alleged that Natural Resources Canada (NRCan) improperly withheld records concerning NRCan's representatives on the Board of Governors of the Maritime College of Forest Technology (MCFT). The exemptions cited were paragraphs 20(1)(b), 20(1)(c), and 20(1)(d) of the Access to Information Act, relating to confidential third-party information, financial impact, and negotiations. The Commissioner found that NRCan and MCFT failed to meet the criteria for these exemptions, particularly regarding confidentiality and the reasonable expectation of harm. Consequently, the Commissioner ordered NRCan to disclose the withheld information, except for any personal information or legal advice/litigation privilege that was also withheld.

  • Confidentiality requirements for paragraph 20(1)(b)
  • Reasonable expectation of harm for paragraphs 20(1)(c) and 20(1)(d)
  • Burden of proof on institution and third party
  • Control of records

Complaint well founded — disclosure ordered

The institution and the third party failed to provide sufficient evidence to demonstrate that the withheld information met the requirements for the claimed exemptions under paragraphs 20(1)(b), 20(1)(c), and 20(1)(d) of the Access to Information Act, specifically regarding confidentiality and the reasonable expectation of harm.

AI-generated summary for reference only. Always verify against the official decision ↗

Recommended action / remedy

Natural Resources Canada was ordered to disclose all information previously withheld under paragraphs 20(1)(b), (c), and (d), except for information withheld under exemptions s.19(1) and s.23.

Statutory provisions cited
  • s.20(1)(b) ATIA
  • s.20(1)(c) ATIA
  • s.20(1)(d) ATIA
  • s.19(1) ATIA
  • s.23 ATIA
  • s.30(1)(a) ATIA
  • s.36.1(1) ATIA
  • s.37(4) ATIA

This is an informational summary and not legal advice.