5821-05513 — Fisheries and Oceans Canada
The complainant alleged that Fisheries and Oceans Canada (DFO) improperly withheld information related to the export of beluga whales, citing personal information (subsection 19(1)) and confidential third-party commercial information (paragraph 20(1)(b)) exemptions. The OIC investigation focused on paragraph 20(1)(b) after the personal information aspect was removed from scope. DFO and the third party failed to demonstrate that the information met the criteria for confidentiality under paragraph 20(1)(b). Consequently, the Information Commissioner found the complaint well-founded and ordered DFO to disclose the records, excluding any information properly withheld under subsection 19(1). DFO indicated it would comply with the order.
- Whether the medical certificates provided by Marineland constitute confidential third-party commercial information under paragraph 20(1)(b) of the ATIA.
- Whether the information was treated consistently as confidential by the third party.
- Whether the information was publicly available.
Complaint well founded — disclosure ordered
The institution and the third party failed to provide sufficient evidence to demonstrate that the withheld information met all the requirements of paragraph 20(1)(b), specifically regarding its confidentiality and consistent treatment as such by the third party.
AI-generated summary for reference only. Always verify against the official decision ↗
The Commissioner ordered Fisheries and Oceans Canada to disclose the records, excluding information already properly withheld under subsection 19(1).
- s.19(1) ATIA
- s.20(1)(b) ATIA
- s.30(1)(a) ATIA
- s.36.1(1) ATIA
This is a summary of a decision for informational purposes only and does not constitute legal advice.