Federal (Canada)Access to Information ActWell-founded

5819-05491 — Innovation, Science and Economic Development Canada

Organization: Innovation, Science and Economic Development CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Innovation, Science and Economic Development Canada (ISED) improperly withheld information under paragraphs 18(b) and 20(1)(c) of the Access to Information Act. The request sought a list of grants and contributions, including assistance type and other details, approved under specific ISED programs. During the investigation, the complainant withdrew the allegation regarding paragraph 20(1)(c). ISED argued that disclosing the assistance type would harm its negotiating position by allowing companies to compare terms and seek more favorable conditions, thereby interfering with future negotiations. However, the Commissioner found that ISED failed to demonstrate how the release of this information would cause further harm, as similar information was already publicly available. The Commissioner concluded that ISED did not meet the requirements of paragraph 18(b) and ordered the disclosure of the withheld information. ISED agreed to implement the order.

Key issues
  1. 1Whether s.18(b) ATIA applied to information regarding the assistance type of grants and contributions
  2. 2Whether disclosure could injure the competitive position of a government institution
  3. 3Whether there was a reasonable expectation of harm to the competitive position
  4. 4Whether contractual or other negotiations were under way or would be conducted in the future
  5. 5Whether disclosure could interfere with negotiations
  6. 6Whether there was a reasonable expectation of harm to negotiations
  7. 7Whether ISED properly exercised its discretion under s.18(b)
Outcome breakdownFavours: Applicant / complainant
  • s.20(1)(c) third-party info: Allegation withdrawn
  • s.18(b) financial interests: Exemption not upheld
  • Disclosure of records: Records ordered disclosed
Outcome

Complaint well founded — disclosure ordered

Reasoning

ISED failed to demonstrate how the release of the assistance type information could interfere with negotiations or cause further harm, as similar information was already publicly available. Therefore, the requirements for applying paragraph 18(b) were not met.

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Decision notes
Recommended action / remedy

The Minister of Industry is ordered to disclose the information withheld under paragraph 18(b).

Statutes considered
  • s.18(b) ATIA
  • s.20(1)(c) ATIA
  • s.30(1)(a) ATIA

This summary is for informational purposes only and does not constitute legal advice.

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