Fisheries and Oceans Canada (Re), 2026 OIC 19
The complainant alleged that Fisheries and Oceans Canada (DFO) improperly withheld records related to commercial fishing agreements with Eskasoni First Nation (EFN). The information was claimed to be exempt under provisions related to personal information, and confidential third-party financial, commercial, scientific, or technical information, and potential financial impact on a third party. The Information Commissioner found that while some information met the criteria for personal information, much of the financial and commercial information was either publicly available, not truly confidential, or not supplied by a third party. The Commissioner also found the claim of financial impact was speculative. Therefore, the complaint was well-founded, and DFO was ordered to disclose most of the withheld information.
- Application of subsection 19(1) (personal information)
- Application of paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information)
- Application of paragraph 20(1)(c) (financial impact on a third party)
- Confidentiality and 'supplied by a third party' requirements under paragraph 20(1)(b)
Complaint well founded — disclosure ordered
The Commissioner found that DFO and EFN failed to demonstrate that all the withheld information met the requirements for exemption under paragraphs 20(1)(b) and 20(1)(c) of the Access to Information Act, as much of it was publicly available, not confidential, or speculative in its potential harm. Some information was correctly withheld as personal information.
AI-generated summary for reference only. Always verify against the official decision ↗
DFO was ordered to disclose the information withheld under paragraphs 20(1)(b) and 20(1)(c), with the exception of information that met the requirements of subsection 19(1).
- s.19(1) ATIA
- s.20(1)(b) ATIA
- s.20(1)(c) ATIA
- s.30(1)(a) ATIA
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