5822-07644 — Public Services and Procurement Canada
The complainant alleged that Public Services and Procurement Canada (PSPC) improperly withheld financial statements for the leaseback of seven buildings, citing exemptions related to government financial interests, personal information, third-party commercial information, and consultations. PSPC failed to demonstrate that the exemptions applied, particularly given the public funds involved. The Information Commissioner ordered PSPC to disclose the information, and the institution indicated it would comply. The complaint was found to be well founded.
- Application of exemptions under paragraphs 18(d), 20(1)(b), 20(1)(c), 20(1)(d), and 21(1)(b) of the ATIA.
- Burden of proof on the institution to justify withholding information, especially concerning public funds.
- Adequacy of representations to demonstrate material harm, financial impact, or interference with negotiations.
- Confidentiality requirements for third-party information under paragraph 20(1)(b).
Complaint well founded — disclosure ordered
The Commissioner found that PSPC failed to meet the requirements for most of the exemptions it invoked. Specifically, it could not demonstrate a reasonable expectation of material harm to government financial interests, financial impact on third parties, or interference with negotiations. The arguments provided were speculative and not supported by sufficient evidence, especially in light of the public funds at issue.
AI-generated summary for reference only. Always verify against the official decision ↗
The Commissioner ordered Public Services and Procurement Canada to disclose the financial statements for the leaseback of seven specific buildings.
- s.18(d) ATIA
- s.19(1) ATIA
- s.20(1)(b) ATIA
- s.20(1)(c) ATIA
- s.20(1)(d) ATIA
- s.21(1)(b) ATIA
- s.30(1)(a) ATIA
- s.35(2)(c) ATIA
- s.36.3 ATIA
- s.37(1)(a) ATIA
- s.37(2) ATIA
This is an informational summary only and does not constitute legal advice.