BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5819-00040 — Housing, Infrastructure and Communities Canada
Office of the Information Commissioner of CanadaAccess to Information Act5819-00040Well-founded
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5819-00040 — Housing, Infrastructure and Communities Canada

Organization: Housing, Infrastructure and Communities Canada
Decision: Jul 24, 2024Published: Jul 24, 2024

The complainant alleged that Housing, Infrastructure and Communities Canada (Infrastructure Canada) improperly withheld information related to payment requests from Signature on the Saint Lawrence Group (SSLG). The request sought official documents from January 2016 to March 2019. While the complainant later narrowed the complaint, the investigation focused on exemptions related to third-party financial information and disclosure restrictions. The Commissioner found that only information concerning pricing and contractual relationships met the criteria for exemption under paragraph 20(1)(c).

  • Application of section 20(1)(c) regarding financial impact on a third party.
  • Application of section 20(1)(b) regarding confidential third-party financial, commercial, scientific or technical information.
  • Application of section 24(1) regarding disclosure restricted by another law.
  • Burden of proof for third-party exemptions.

Complaint well founded — disclosure ordered

The Commissioner found that Infrastructure Canada and SSLG failed to adequately demonstrate that most of the withheld information met the requirements for exemption under sections 20(1)(b) and 24(1). Only information relating to pricing and contractual relationships was found to meet the criteria for exemption under paragraph 20(1)(c).

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Recommended action / remedy

Infrastructure Canada was ordered to disclose the Procurement Business Number and other information not related to pricing and contractual relationships.

Statutory provisions cited
  • s.19 ATIA
  • s.20(1)(b) ATIA
  • s.20(1)(c) ATIA
  • s.24(1) ATIA
  • s.30(1)(a) ATIA

This is an informational summary only and not legal advice.