BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5823-01006 — Impact Assessment Agency of Canada
Office of the Information Commissioner of CanadaAccess to Information Act5823-01006Well-founded
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5823-01006 — Impact Assessment Agency of Canada

Organization: Impact Assessment Agency of Canada
Decision: Nov 19, 2024Published: Nov 19, 2024

The complainant alleged that the Impact Assessment Agency of Canada (IAAC) improperly withheld information related to the Ksi Lisims LNG project under exemptions concerning confidential third-party information, financial impact, and negotiations. The complainant narrowed the complaint to specific pages, and the IAAC eventually agreed to disclose some information or could not justify withholding it under certain exemptions. The Commissioner found the complaint well-founded regarding information on pages 62, 63, 65, and 73, ordering their disclosure. The Commissioner also ordered the IAAC to re-evaluate the decision to withhold information on page 67 under discretionary grounds.

  • Confidential third-party information (s. 20(1)(b) ATIA)
  • Financial impact on a third party (s. 20(1)(c) ATIA)
  • Interference with third-party negotiations (s. 20(1)(d) ATIA)
  • Reasonable exercise of discretion under s. 20(6) ATIA

Complaint well founded — disclosure ordered and discretion to be exercised

The Commissioner found that the IAAC failed to demonstrate that most of the withheld information met the requirements of the claimed exemptions. For the information that did meet an exemption (page 67), the Commissioner found the IAAC failed to properly exercise its discretion regarding public interest considerations.

AI-generated summary for reference only. Always verify against the official decision ↗

Recommended action / remedy

The IAAC was ordered to disclose information on pages 62, 63, 65 and 73, and to reconsider and exercise its discretion regarding the release of information on page 67.

Statutory provisions cited
  • s. 20(1)(b) ATIA
  • s. 20(1)(c) ATIA
  • s. 20(1)(d) ATIA
  • s. 19(1) ATIA
  • s. 20(6) ATIA

This is an informational summary and not legal advice.