Federal (Canada)Access to Information ActWell-founded

5820-04513 — Social Sciences and Humanities Research Council of Canada and Memorial University of Newfoundland and Labrador

Organization: Social Sciences and Humanities Research Council of CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that the Social Sciences and Humanities Research Council (SSHRC) improperly withheld information under paragraph 20(1)(b) of the Access to Information Act. The request sought records related to a virtual town hall meeting and other contacts between SSHRC and Memorial University of Newfoundland and Labrador (MUN) officials. SSHRC withheld technical information for WebEx meetings and data on MUN's application and success rates for SSHRC funding programs, citing confidentiality. The Commissioner found that while the WebEx access information was technical, neither SSHRC nor MUN demonstrated that it met the confidentiality criteria, particularly given the large number of potential attendees and lack of measures to prevent sharing. Furthermore, the Commissioner determined that MUN's application and success rates were not financial, commercial, scientific, or technical information, and SSHRC later confirmed some of this information was publicly available. Consequently, the Commissioner concluded that the information did not meet the requirements for exemption under paragraph 20(1)(b).

Key issues
  1. 1Whether the withheld information is financial, commercial, scientific, or technical under s.20(1)(b) ATIA
  2. 2Whether the WebEx access information is confidential under s.20(1)(b) ATIA
  3. 3Whether MUN's application and success rates are confidential under s.20(1)(b) ATIA
  4. 4Whether the information was consistently treated as confidential by the third party
  5. 5Whether the relationship between the institution and third party was fostered for public benefit by confidential communication
Outcome breakdownFavours: Applicant / complainant
  • s.20(1)(b) WebEx info: Exemption not upheld
  • s.20(1)(b) MUN application/success rates: Exemption not upheld
Outcome

Complaint well founded — disclosure ordered

Reasoning

The institution and third party failed to demonstrate that all requirements of paragraph 20(1)(b) were met, specifically regarding the 'confidential' nature of the information and whether the application/success rate data qualified as financial, commercial, scientific, or technical information.

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Decision notes
Recommended action / remedy

The President of SSHRC was ordered to release all information withheld under paragraph 20(1)(b).

Statutes considered
  • s.20(1)(b) ATIA
  • s.30(1)(a) 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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