Federal (Canada)Access to Information ActWell-founded

5823-01182 — Fisheries and Oceans Canada

Organization: Fisheries and Oceans CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Fisheries and Oceans Canada (DFO) improperly withheld information under paragraph 20(1)(b) of the Access to Information Act. The request sought data analyzed in the Sea Lice Science Response Report (2022/045) from January to June 2022. DFO initially withheld the information, citing confidentiality, but later conceded that much of the data, including temperature and salinity data, could be disclosed. The Information Commissioner found that neither DFO nor the third parties demonstrated that the information met all the requirements of paragraph 20(1)(b), specifically regarding objective confidentiality and whether all information was supplied by a third party. One third party also raised section 26, but the Commissioner found it did not apply as the 90-day publication timeline had passed. The Commissioner ordered DFO to fully disclose the records, and DFO agreed to comply.

Key issues
  1. 1Whether the information was financial, commercial, scientific, or technical under s.20(1)(b) ATIA
  2. 2Whether the information was objectively confidential under s.20(1)(b) ATIA
  3. 3Whether the information was supplied by a third party under s.20(1)(b) ATIA
  4. 4Whether the third party consistently treated the information as confidential under s.20(1)(b) ATIA
  5. 5Whether the information would be published by a government institution within 90 days under s.26 ATIA
Outcome breakdownFavours: Applicant / complainant
  • Application of 20(1)(b): Exemption not upheld
  • Application of s.26: Exemption not upheld
  • Disclosure of records: Records ordered disclosed
Outcome

Complaint well founded — disclosure ordered

Reasoning

The institution and third parties failed to demonstrate that the withheld information met all the requirements of paragraph 20(1)(b) regarding confidentiality and third-party supply. The institution also failed to demonstrate that section 26 applied, as the publication timeline had passed.

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

The Minister of Fisheries and Oceans is ordered to fully disclose the records.

Statutes considered
  • s.20(1)(b) ATIA
  • s.26 ATIA
  • s.30(1)(a) ATIA
  • s.35(2)(c) ATIA
  • s.36.3 ATIA
  • s.37(2) ATIA
  • s.43 ATIA

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

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