Business Development Bank of Canada (Re), 2026 OIC 38
The complainant alleged that the Business Development Bank of Canada (BDC) improperly refused to process an access request for records related to three companies. BDC argued that the requester had not confirmed their right of access and that any responsive records would ultimately be withheld due to statutory confidentiality obligations. The Information Commissioner found that the request met the requirements of section 6 of the Access to Information Act, as it was in writing, made to the correct institution, and provided sufficient detail. The Commissioner also determined that the complainant, a corporation located in Canada, had met the right of access under section 4 of the Act. BDC's demand for proof of identification and board resolutions was deemed an improper prerequisite to processing the request. The Commissioner concluded that BDC was obligated to process the request and issue a proper response under sections 7 and 10 of the Act. The complaint was found to be well founded, and BDC was ordered to accept and process the request.
- 1Whether the access request met the requirements of section 6 of the ATIA
- 2Whether the complainant, a corporation, met the right of access under section 4 of the ATIA
- 3Whether BDC's demand for proof of identification and board resolutions was a valid prerequisite to processing the request
- 4Whether BDC's refusal to process the request based on anticipated exemptions was appropriate
- Right of access: Complainant met right of access
- Request validity: Request met s.6 requirements
- Processing prerequisites: BDC's demands were improper
- Obligation to process: BDC obligated to process request
- Complaint outcome: Complaint well founded
Complaint well founded — disclosure ordered
The Information Commissioner found that the access request met all requirements of section 6 of the ATIA and that the complainant, as a corporation located in Canada, had a valid right of access under section 4. BDC's reasons for refusing to process the request were deemed invalid, as anticipated exemptions do not negate the obligation to process a request and issue a formal response.
The President of the Business Development Bank of Canada is ordered to accept the access request, as meeting the requirements of section 6, and to give the notice required by section 7 no later than the 36th business day following the date of the final report, stating the specific provision on which any refusal is based, as required by section 10.
- s.4 ATIA
- s.6 ATIA
- s.7 ATIA
- s.10 ATIA
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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