Federal (Canada)Access to Information ActWell-founded

5821-03240 — Agriculture and Agri-Food Canada

Organization: Agriculture and Agri-Food CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Agriculture and Agri-Food Canada (AAFC) improperly withheld information under subsection 19(1) (personal information) and paragraph 20(1)(b) (confidential third-party information) of the Access to Information Act. The request sought communications with the National Farm Animal Care Council (NFACC) regarding a Five-Year Review Summary Report and proposed amendments to the Code of Practice for the Care and Handling of Pigs. During the investigation, AAFC disclosed some records, and the complainant narrowed the scope of the complaint. The Information Commissioner found that the information remaining under subsection 19(1) was properly withheld as personal information. However, the Commissioner determined that the information withheld under paragraph 20(1)(b) did not meet the criteria for exemption, specifically, it was not financial, commercial, scientific, or technical. The complaint was found to be well founded, and AAFC was ordered to disclose the information withheld under paragraph 20(1)(b). AAFC subsequently notified the Commissioner that it would not implement the order and intended to apply to the Federal Court.

Key issues
  1. 1Whether records were under the control of the institution
  2. 2Whether information met the criteria for exemption under s.19(1) ATIA (personal information)
  3. 3Whether the institution reasonably exercised its discretion under s.19(2) ATIA
  4. 4Whether information met the criteria for exemption under s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information)
  5. 5Whether the information was financial, commercial, scientific, or technical
Outcome breakdownFavours: Both, in part
  • s.19(1) personal information: Exemption upheld
  • s.20(1)(b) third-party info: Exemption not upheld
  • Disclosure of records: Records ordered disclosed
  • Compliance with order: Institution refused to comply
Outcome

Complaint well founded — disclosure ordered, but institution will not comply and will seek Federal Court review

Reasoning

The Commissioner found that the institution properly applied s.19(1) to personal information. However, the institution and third party failed to demonstrate that the information withheld under s.20(1)(b) met the required criteria, specifically that it was financial, commercial, scientific, or technical in nature. Therefore, the exemption was not justified for those records.

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Decision notes
Recommended action / remedy

The Minister of Agriculture and Agri-Food was ordered to disclose all information withheld under paragraph 20(1)(b), unless it qualifies for exemption pursuant to subsection 19(1) or is outside the scope of the request.

Statutes considered
  • s.19(1) ATIA
  • s.20(1)(b) ATIA
  • s.30(1)(a) ATIA
  • s.36.1(1) ATIA
  • s.41(2) ATIA
  • s.36.3 ATIA
  • s.35(2)(c) ATIA

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

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