BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5824-01345 — Health Canada and Canadian Automobile Association and Canadian Institute of Planners
Office of the Information Commissioner of CanadaAccess to Information Act5824-01345Well-founded
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5824-01345 — Health Canada and Canadian Automobile Association and Canadian Institute of Planners

Organization: Health Canada
Decision: Feb 19, 2025Published: Feb 19, 2025

The complainant alleged that Health Canada improperly withheld information related to campfires and air quality, citing exemptions for personal information and financial impact on third parties. Health Canada initially withheld names and short texts about third parties under the financial impact exemption. However, the third parties did not provide evidence of material financial harm, and one explicitly stated disclosure would not cause harm. The Information Commissioner found the complaint well-founded, ordering Health Canada to disclose the withheld information.

  • Whether information withheld under paragraph 20(1)(c) met the requirements of the exemption.
  • Whether third parties demonstrated a material financial impact or harm to their competitive position.
  • Whether disclosure was in the public interest and outweighed potential harm.

Complaint well founded — disclosure ordered

The Commissioner found that the information withheld under paragraph 20(1)(c) did not meet the exemption's requirements as the third parties failed to demonstrate a material financial impact or harm to their competitive position.

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Recommended action / remedy

Health Canada was ordered to disclose all information previously withheld under paragraph 20(1)(c) of the Access to Information Act.

Statutory provisions cited
  • s.19 ATIA
  • s.20(1)(c) ATIA
  • s.30(1)(a) ATIA
  • s.35(2)(c) ATIA
  • s.36.3(1) ATIA
  • s.20(5) ATIA
  • s.20(6) ATIA
  • s.20(2) ATIA
  • s.20(4) ATIA

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