BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5819-05491 — Innovation, Science and Economic Development Canada
Office of the Information Commissioner of CanadaAccess to Information Act5819-05491Well-founded
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5819-05491 — Innovation, Science and Economic Development Canada

Organization: Innovation, Science and Economic Development Canada
Decision: Apr 17, 2024Published: Apr 17, 2024

The complainant alleged that Innovation, Science and Economic Development Canada (ISED) improperly withheld information about grants and contributions under paragraphs 18(b) and 20(1)(c) of the Access to Information Act. ISED failed to demonstrate that disclosing the assistance type for certain projects would reasonably be expected to harm ongoing negotiations or contractual matters. The Information Commissioner found the complaint well-founded and ordered ISED to disclose the information withheld under paragraph 18(b).

  • Application of paragraph 18(b) of the ATIA regarding negotiations by government institutions.
  • Burden of proof on the institution to demonstrate harm from disclosure.
  • Reasonable expectation of harm to negotiations from releasing assistance type for grants and contributions.

Complaint well founded — disclosure ordered

The Information Commissioner found that ISED did not meet the requirements for exemption under paragraph 18(b) of the ATIA. ISED failed to demonstrate how the release of the assistance type would interfere with negotiations or cause future harm, especially since similar information was already publicly available or had been previously disclosed.

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Recommended action / remedy

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

Statutory provisions cited
  • s.18(b) ATIA
  • s.20(1)(c) ATIA
  • s.30(1)(a) ATIA

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