5821-05513 — Fisheries and Oceans Canada
The complainant alleged that Fisheries and Oceans Canada (DFO) improperly withheld information under subsection 19(1) (personal information) and paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information) of the Access to Information Act. The requested records were medical certificates provided by Marineland for the export of five beluga whales. During the investigation, the complainant withdrew the allegation regarding subsection 19(1), removing it from the scope of the complaint. The Commissioner found that DFO and Marineland failed to demonstrate that the information met all the requirements of paragraph 20(1)(b), specifically that the information was confidential and consistently treated as such. Consequently, the Commissioner ordered DFO to disclose the records in their entirety, excluding any information previously withheld under subsection 19(1). DFO agreed to implement the order.
- 1Whether paragraph 20(1)(b) applied to the medical certificates
- 2Whether the information was financial, commercial, scientific or technical
- 3Whether the information was confidential
- 4Whether the third party consistently treated the information as confidential
- 5Whether the information was available from sources otherwise accessible by the public
- 6Whether the information originated and was communicated with a reasonable expectation of non-disclosure
- 7Whether the information was communicated in a fiduciary relationship or one not contrary to the public interest
- s.19(1) personal information: Allegation withdrawn by complainant
- s.20(1)(b) third-party info: Exemption not upheld
- Disclosure of records: Records ordered disclosed
Complaint well founded — disclosure ordered
DFO and the third party (Marineland) failed to provide sufficient evidence to demonstrate that the information met all the criteria for exemption under paragraph 20(1)(b), particularly regarding its confidentiality and consistent treatment as confidential.
The Minister of Fisheries and Oceans was ordered to disclose the records in their entirety, other than information previously withheld pursuant to subsection 19(1).
- s.19(1) ATIA
- s.20(1)(b) ATIA
- s.30(1)(a) ATIA
- s.35 ATIA
- s.36.1(1) ATIA
- s.36.3(1) ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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