5823-01182 — Fisheries and Oceans Canada
The complainant alleged that Fisheries and Oceans Canada (DFO) improperly withheld financial, commercial, scientific, or technical information under paragraph 20(1)(b) of the Access to Information Act. The records concerned data analyzed in a Sea Lice Science Response Report. Neither DFO nor the third parties could demonstrate that the information met the requirements for the exemption, including objectivity or that it was supplied by a third party. A section 26 exemption was also considered and dismissed. The Information Commissioner ordered DFO to fully disclose the records.
- Whether the withheld information met the requirements of paragraph 20(1)(b) of the ATIA (confidential third-party financial, commercial, scientific or technical information).
- Whether the information was objectively confidential.
- Whether the information was supplied by a third party.
- Whether the withheld information met the requirements of section 26 of the ATIA (information to be published).
Complaint well founded — disclosure ordered
The Commissioner found that neither the institution nor the third parties met the burden of demonstrating that the withheld information met all the requirements of paragraph 20(1)(b), specifically regarding objectivity, whether it was supplied by a third party, and whether the third parties had consistently treated it as confidential. Additionally, the section 26 exemption was found not to apply as the timeframe for publication had passed.
AI-generated summary for reference only. Always verify against the official decision ↗
The Minister of Fisheries and Oceans was ordered to fully disclose the records.
- s.20(1)(b) ATIA
- s.26 ATIA
- s.30(1)(a) ATIA
This is an informational summary and not legal advice.