5820-02762 — Environment and Climate Change Canada
The complainant alleged that Environment and Climate Change Canada (ECCC) improperly withheld information related to the Roberts Bank Terminal 2 Project under several sections of the Access to Information Act, including those related to facilitating offences, personal information, third-party commercial information, and advice or deliberations. ECCC initially withheld records under these exemptions, including a scientific manuscript. During the investigation, ECCC agreed to release the manuscript and some other withheld information. The Information Commissioner found the complaint well-founded, ordering ECCC to disclose the manuscript and correct inconsistencies in disclosure.
- Applicability of exemption for facilitating the commission of an offence (s. 16(2) ATIA)
- Applicability of exemption for personal information (s. 19(1) ATIA)
- Applicability of exemption for confidential third-party scientific information (s. 20(1)(b) ATIA)
- Applicability of exemptions for advice and deliberations (ss. 21(1)(a) and 21(1)(b) ATIA)
Complaint well founded — disclosure ordered
The Commissioner found that ECCC failed to demonstrate that the scientific manuscript met the criteria for the third-party information exemption. While some other records met the criteria for advice or deliberation exemptions, ECCC acknowledged inconsistencies in disclosure and agreed to release the manuscript. The Commissioner ordered the disclosure of the manuscript and correction of disclosure inconsistencies.
AI-generated summary for reference only. Always verify against the official decision ↗
The Commissioner ordered Environment and Climate Change Canada to disclose the withheld information on pages 6408 to 6441 and to correct inconsistencies in disclosure.
- s.16(2) ATIA
- s.19(1) ATIA
- s.20(1)(b) ATIA
- s.21(1)(a) ATIA
- s.21(1)(b) ATIA
- s.30(1)(a) ATIA
- s.36.1 ATIA
This is an informational summary only and not legal advice.