
5822-00322 — Canadian Institutes of Health Research
The complainant alleged that the Canadian Institutes of Health Research (CIHR) improperly withheld information under subsections 18(a), 19(1), and 20(1)(b) of the Access to Information Act, concerning an individual's role on the Pfizer Lyme Disease Advisory Board and their research project. During the investigation, the complainant narrowed the scope to three specific sections of records withheld under paragraph 20(1)(b). The OIC sought representations from the third party (Nominated Principal Investigator via Queen's University), who had no concerns with disclosure. CIHR subsequently conceded that the threshold for paragraph 20(1)(b) had not been met and indicated preparedness to release the information. The Commissioner found that the information at issue, describing aspects of a proposed research network, was not financial, commercial, scientific, or technical as required by paragraph 20(1)(b). Therefore, the Commissioner concluded that the exemption did not apply. The complaint was found to be well founded, and CIHR was ordered to disclose the information.
- 1Whether the withheld information was financial, commercial, scientific, or technical under s.20(1)(b) ATIA
- 2Whether the information was confidential under s.20(1)(b) ATIA
- 3Whether the information was supplied by a third party to a government institution under s.20(1)(b) ATIA
- 4Whether the third party consistently treated the information as confidential under s.20(1)(b) ATIA
- s.20(1)(b) third-party info: Exemption not applicable
- Disclosure of records: Records ordered disclosed
- Complaint status: Complaint well founded
Complaint well founded — disclosure ordered
The Commissioner found that the information at issue did not meet the first criterion of paragraph 20(1)(b) as it was not financial, commercial, scientific, or technical in nature. The institution and third party failed to demonstrate that the exemption applied.
The Canadian Institutes of Health Research was ordered to disclose the information at issue on pages 173-174, 183, and 189.
- s.18(a) ATIA
- s.19(1) ATIA
- s.20(1)(b) ATIA
- s.30(1)(a) ATIA
- s.35(2)(b) ATIA
- s.36.1(1) ATIA
- s.36.3 ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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