Public Services and Procurement Canada (Re), 2026 OIC 31
The complainant alleged that Public Services and Procurement Canada (PSPC) improperly withheld information regarding leases valued over $500,000 annually. The complainant sought records for leases signed between 2018-2022 in specific cities. PSPC invoked exemptions under paragraphs 18(b) and 20(1)(b) of the Access to Information Act, claiming harm to its competitive position and the confidentiality of third-party financial information. The Information Commissioner found that neither PSPC nor the third parties established the requirements for these exemptions, noting that rent amounts were negotiated terms and the claims of harm were speculative. The Commissioner ordered PSPC to disclose the records in full.
- Whether the annual rent figures for leases were properly withheld under paragraph 18(b) (competitive position of government institutions).
- Whether the annual rent figures were properly withheld under paragraph 20(1)(b) (confidential third-party financial or commercial information).
- Whether the annual rent figures were properly withheld under paragraph 20(1)(c) (material financial impact on a third party).
- Whether the annual rent figures were properly withheld under paragraph 20(1)(d) (interference with third-party negotiations).
Complaint well founded — disclosure ordered
The Commissioner found that PSPC and the third parties failed to demonstrate that disclosure of the annual rent figures would cause a reasonably expected harm to PSPC's competitive position or negotiations, or that the information met the criteria for confidential third-party commercial information under paragraph 20(1)(b), considering it was a negotiated term. Claims of financial impact or interference with negotiations under paragraphs 20(1)(c) and 20(1)(d) were also found to be speculative and unsupported by evidence.
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The Commissioner ordered Public Services and Procurement Canada to disclose the records in full.
- s.18(b) ATIA
- s.20(1)(b) ATIA
- s.20(1)(c) ATIA
- s.20(1)(d) ATIA
- s.30(1)(a) ATIA
This is a summary for informational purposes only and does not constitute legal advice.