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Federal (Canada)Access to Information ActWell-founded

5823-01006 — Impact Assessment Agency of Canada

Organization: Impact Assessment Agency of CanadaComplainant: Anonymous applicant
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Plain-language brief

The complainant alleged that the Impact Assessment Agency of Canada (IAAC) improperly withheld information under paragraphs 20(1)(b), 20(1)(c), and 20(1)(d) of the Access to Information Act, concerning the Ksi Lisims LNG project. The complaint was later limited to specific pages, with page 57 also including a s.19(1) claim. The Commissioner found that the IAAC properly withheld personal information on page 57 under s.19(1), as no circumstances for disclosure under s.19(2) existed. For page 67, the Commissioner upheld the application of s.20(1)(c) for proprietary information but found the IAAC failed to exercise its discretion under s.20(6). However, the Commissioner rejected the application of s.20(1)(b), s.20(1)(c), and s.20(1)(d) for pages 62, 63, 65, and 73, determining the information was either publicly available or did not meet the exemption criteria for harm or confidentiality. Consequently, the complaint was found well-founded. The IAAC was ordered to disclose information on pages 62, 63, 65, and 73, and to properly exercise discretion for page 67.

Key issues
  1. 1Whether the information on page 57 constituted personal information under s.19(1) ATIA
  2. 2Whether the circumstances for disclosure under s.19(2) ATIA existed for page 57
  3. 3Whether the IAAC reasonably exercised its discretion under s.19(2) ATIA for page 57
  4. 4Whether the information on page 67 could reasonably be expected to have a material financial impact on a third party or harm its competitive position under s.20(1)(c) ATIA
  5. 5Whether the information on pages 62, 63, 65, and 73 could reasonably be expected to have a material financial impact on a third party or harm its competitive position under s.20(1)(c) ATIA
  6. 6Whether the IAAC failed to consider the circumstances and exercise discretion under s.20(6) ATIA for page 67
  7. 7Whether the information on pages 62, 63, 65, and 73 was confidential financial, commercial, scientific or technical information provided by a third party under s.20(1)(b) ATIA
  8. 8Whether the information on pages 62, 63, 65, and 73 could reasonably be expected to interfere with contractual or other negotiations of a third party under s.20(1)(d) ATIA
  9. 9Whether the information on page 62 was publicly available
  10. 10Whether the information on pages 63, 65, and 73 was publicly available or its essence already disclosed
Outcome breakdownFavours: Both, in part
  • s.19(1) personal information: Exemption upheld for page 57
  • s.20(1)(c) proprietary information: Exemption upheld for page 67
  • s.20(6) discretion to disclose: Discretion not exercised for page 67
  • s.20(1)(b) financial interests: Exemption rejected for pages 62, 63, 65, 73
  • s.20(1)(c) proprietary information: Exemption rejected for pages 62, 63, 65, 73
  • s.20(1)(d) trade secrets: Exemption rejected for pages 62, 63, 65, 73
  • Disclosure of records: Records ordered disclosed for pages 62, 63, 65, 73
Outcome

Complaint well founded — disclosure ordered and discretion to be exercised

Reasoning

The Impact Assessment Agency of Canada improperly withheld information by failing to demonstrate that certain exemptions applied or by failing to properly exercise discretion under the Access to Information Act.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Recommended action / remedy

The Commissioner ordered the IAAC to disclose the information withheld on pages 62, 63, 65 and 73 of the records, and to determine whether the circumstances described in subsection 20(6) exist for page 67 and reasonably exercise discretion to decide whether to release that information.

Statutes considered
  • s.19(1) ATIA
  • s.19(2) ATIA
  • s.20(1)(b) ATIA
  • s.20(1)(c) ATIA
  • s.20(1)(d) ATIA
  • s.20(5) ATIA
  • s.20(6) ATIA
  • s.36.3 ATIA
  • s.37(2) ATIA
  • s.43 ATIA
  • s.30(1)(a) ATIA
  • s.30(1)(b) ATIA
  • s.30(1)(c) ATIA
  • s.30(1)(d) ATIA
  • s.30(1)(d.1) ATIA
  • s.30(1)(e) ATIA
  • s.8 Privacy Act
  • s.3(j) Privacy Act
  • s.3(m) Privacy Act

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

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