5824-01957 — Canadian Food Inspection Agency
The complainant requested a full Issue Detail Report for a food complaint from the Canadian Food Inspection Agency (CFIA). The CFIA withheld information under subsections 19(1) (personal information), 20(1)(b) (confidential third-party information), and 20(1)(c) (financial impact on a third party) of the Access to Information Act. The complainant also alleged that the CFIA improperly used 'negative' (white) redactions, making it difficult to identify withheld portions. During the investigation, the complainant withdrew the allegation regarding subsection 19(1). The Commissioner found that the CFIA failed to meet its duty to assist by using negative redactions and recommended they cease this practice. For the third-party exemptions, the Commissioner determined that most of the information did not meet the requirements of paragraphs 20(1)(b) or 20(1)(c), as the institution and third party did not sufficiently establish confidentiality or reasonable expectation of harm. The Commissioner ordered the CFIA to disclose most of the withheld third-party information, with specific exceptions for supplier names, procedural details, and product weighing processes. The CFIA agreed to implement the order and recommendation.
- 1Whether the CFIA improperly withheld information under s.19(1) ATIA
- 2Whether the CFIA improperly withheld information under s.20(1)(b) ATIA
- 3Whether the CFIA improperly withheld information under s.20(1)(c) ATIA
- 4Whether the CFIA's use of negative (white) redactions was appropriate under s.4(2.1) ATIA (duty to assist)
- 5Whether the information is financial, commercial, scientific or technical for s.20(1)(b) ATIA
- 6Whether the information is confidential by an objective standard for s.20(1)(b) ATIA
- 7Whether the third party supplied the information to a government institution for s.20(1)(b) ATIA
- 8Whether the third party has consistently treated the information as confidential for s.20(1)(b) ATIA
- 9Whether disclosure could result in material financial loss or gain to the third party for s.20(1)(c) ATIA
- 10Whether there is a reasonable expectation of harm for s.20(1)(c) ATIA
- 11Whether disclosure could injure the competitive position of the third party for s.20(1)(c) ATIA
- Duty to assist: Failed to meet duty to assist due to negative redactions
- s.20(1)(b) third-party info: Exemption not upheld for most information
- s.20(1)(c) financial impact: Exemption not upheld for most information
- Disclosure of records: Most withheld third-party information ordered disclosed
- Disclosure of records: Specific third-party information (supplier names, procedural details, weighing processes) not ordered disclosed
- Redaction practices: Recommendation to cease negative redactions
Complaint well founded — disclosure ordered and recommendation made
The Commissioner found that the CFIA failed to meet its duty to assist by using negative redactions. The institution and third party did not provide sufficient evidence to establish that most of the withheld information met the requirements for confidentiality under paragraph 20(1)(b) or the reasonable expectation of financial harm or competitive injury under paragraph 20(1)(c).
The President of the CFIA is ordered to disclose all third-party information included in the report, except for the names of the third party’s suppliers, part of the text describing procedural details, and the description of the specific process for weighing products. The President is also recommended to ensure that CFIA ceases the use of negative (white) redactions.
- s.19(1) ATIA
- s.20(1)(b) ATIA
- s.20(1)(c) ATIA
- s.30(1)(a) ATIA
- s.30(1)(f) ATIA
- s.4(2.1) ATIA
- s.25 ATIA
- s.20(5) ATIA
- s.20(6) ATIA
- s.20(2) ATIA
- s.20(4) ATIA
- s.36.3 ATIA
- s.37(2) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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