5822-06636 — Fisheries and Oceans Canada
The complainant alleged that Fisheries and Oceans Canada (DFO) improperly withheld information under subsections 19(1), 20(1)(a), 20(1)(b), and 20(1)(c) of the Access to Information Act in response to a request for correspondence between DFO and Deep Water Recovery. During the investigation, the application of subsection 19(1) was removed from the scope of the complaint, and both DFO and the third party conceded that paragraphs 20(1)(a) and 20(1)(c) should not have been applied. The investigation therefore focused on paragraph 20(1)(b). The Commissioner found that neither DFO nor Deep Water Recovery demonstrated that the information met all the requirements for confidentiality under paragraph 20(1)(b), specifically that the information was not publicly available and that there was a reasonable expectation of confidentiality. Consequently, the Commissioner concluded that the information did not meet the requirements of paragraph 20(1)(b). The complaint was found to be well founded, and DFO was ordered to disclose the information.
- 1Whether s.19(1) personal information exemption was properly applied
- 2Whether s.20(1)(a) third-party trade secrets exemption was properly applied
- 3Whether s.20(1)(b) confidential third-party financial, commercial, scientific or technical information exemption was properly applied
- 4Whether s.20(1)(c) financial impact on a third party exemption was properly applied
- 5Whether the information is financial, commercial, scientific or technical under s.20(1)(b)
- 6Whether the information is confidential under s.20(1)(b)
- 7Whether the information was supplied by a third party under s.20(1)(b)
- 8Whether the third party consistently treated the information as confidential under s.20(1)(b)
- 9Whether the information was available from sources otherwise accessible by the public (confidentiality criterion)
- 10Whether the information was communicated with a reasonable expectation that it would not be disclosed (confidentiality criterion)
- 11Whether the information was communicated in a relationship fostered for public benefit by its confidentiality (confidentiality criterion)
- 12Whether the OIC's notice to third parties under s.36.3 breached natural justice and procedural fairness
- s.19(1) personal information: Issue removed from scope
- s.20(1)(a) trade secrets: Exemption not upheld
- s.20(1)(c) financial information: Exemption not upheld
- s.20(1)(b) confidential information: Exemption not upheld
- Disclosure of records: Records ordered disclosed
Complaint well founded — disclosure ordered
The Commissioner found that the institution and third party failed to demonstrate that the information met all the criteria for confidentiality under paragraph 20(1)(b), particularly regarding public availability and reasonable expectation of confidentiality. The institution and third party had already conceded that paragraphs 20(1)(a) and 20(1)(c) were not applicable.
The Minister of Fisheries and Oceans was ordered to disclose all of the information at issue previously withheld under paragraphs 20(1)(a), 20(1)(b), and 20(1)(c), with the exception of information withheld under subsection 19(1) on pages 2 and 8 to 14.
- s.19(1) ATIA
- s.20(1)(a) ATIA
- s.20(1)(b) ATIA
- s.20(1)(c) ATIA
- s.20(5) ATIA
- s.20(6) ATIA
- s.21(1)(a) ATIA
- s.30(1)(a) ATIA
- s.35 ATIA
- s.36.1(1) ATIA
- s.36.3 ATIA
- s.36.3(2) ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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