3218-01867 — Natural Resources Canada
The complainant alleged that Natural Resources Canada (NRCan) improperly withheld information under various sections of the Access to Information Act in response to a request for records related to a specific contract. During the investigation, the Office of the Information Commissioner (OIC) narrowed the scope to NRCan's application of paragraphs 20(1)(b) and 20(1)(c). NRCan and the third party, Welund North America, failed to demonstrate that all requirements for these exemptions were met for most of the withheld information. The OIC found that only a void cheque and unit prices/quantities qualified for exemption. The Commissioner recommended that NRCan disclose all other information previously withheld under these paragraphs. NRCan made an additional disclosure but did not fully implement the recommendation. The complaint was found to be well founded.
- 1Whether the information is financial, commercial, scientific or technical under s.20(1)(b) ATIA
- 2Whether the information is confidential under s.20(1)(b) ATIA
- 3Whether the information was supplied by a third party under s.20(1)(b) ATIA
- 4Whether the third party consistently treated the information as confidential under s.20(1)(b) ATIA
- 5Whether disclosure could result in material financial loss or gain to the third party under s.20(1)(c) ATIA
- 6Whether there is a reasonable expectation of harm under s.20(1)(c) ATIA
- 7Whether disclosure could injure the competitive position of the third party under s.20(1)(c) ATIA
- Application of s.20(1)(b): Exemption not justified for most information
- Application of s.20(1)(c): Exemption not justified for most information
- Disclosure of records: Most records ordered disclosed
- Complaint outcome: Complaint well founded
Complaint well founded — partial disclosure ordered
NRCan and the third party did not provide sufficient evidence to demonstrate that most of the withheld information met all the criteria for exemption under paragraphs 20(1)(b) and 20(1)(c) of the ATIA. Specifically, they failed to show that the information was consistently treated as confidential, that it was all supplied by the third party, or that its disclosure would cause a reasonable expectation of probable harm beyond a mere possibility.
The Commissioner recommended that Natural Resources Canada disclose all information previously withheld under paragraphs 20(1)(b) and 20(1)(c), other than a void cheque and the unit prices and quantities.
- s.16(2) ATIA
- s.19(1) ATIA
- s.20(1)(b) ATIA
- s.20(1)(c) ATIA
- s.30(1)(a) ATIA
- s.35 ATIA
- s.37(1) ATIA
- s.68(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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