5821-01140 — Health Canada
The complainant alleged that Health Canada improperly withheld records related to Tetra Tech under exemptions related to confidential third-party information and accounts of deliberations. The Information Commissioner found that Health Canada failed to demonstrate that certain withheld information met the requirements for exemption under paragraph 20(1)(b) because it was publicly available, not supplied by the third party, or not objectively confidential. However, the Commissioner found that Health Canada properly exercised its discretion in withholding information under paragraph 21(1)(b). The complaint was found to be well-founded regarding the paragraph 20(1)(b) exemptions.
- Confidentiality of third-party information (s. 20(1)(b) ATIA)
- Financial impact on a third party (s. 20(1)(c) ATIA)
- Accounts of consultations or deliberations (s. 21(1)(b) ATIA)
- Reasonableness of discretion in withholding information
Complaint well founded — disclosure ordered
The Commissioner found that Health Canada failed to meet the requirements for withholding information under paragraph 20(1)(b) as some of the information was publicly available, not supplied by the third party, or not objectively confidential. However, Health Canada's exercise of discretion to withhold information under paragraph 21(1)(b) was found to be reasonable.
AI-generated summary for reference only. Always verify against the official decision ↗
Health Canada was ordered to disclose specific information withheld under paragraph 20(1)(b) of the Access to Information Act.
- s.20(1)(b) ATIA
- s.20(1)(c) ATIA
- s.21(1)(b) ATIA
- s.30(1)(a) ATIA
- s.36.1 ATIA
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