5822-03848 — Fisheries and Oceans Canada
The complainant alleged that Fisheries and Oceans Canada (DFO) improperly withheld records related to an application by Ridley Terminals Inc. for a berth expansion project. The information was withheld under exemptions related to personal information, confidential third-party commercial or technical information, and financial impact on a third party. The Information Commissioner found that DFO did not meet the requirements for withholding information under paragraphs 20(1)(b) and 20(1)(c), but did meet the requirements for subsection 19(1) regarding personal information. DFO was ordered to disclose all information except for the personal information.
- Whether information qualifies as personal information under s. 19(1) ATIA.
- Whether information qualifies as confidential third-party financial, commercial, scientific, or technical information under s. 20(1)(b) ATIA.
- Whether information could reasonably be expected to have a material financial impact on a third party or harm its competitive position under s. 20(1)(c) ATIA.
- Whether information could reasonably be expected to interfere with the contractual or other negotiations of a third party under s. 20(1)(d) ATIA.
Complaint well founded — disclosure ordered
The Commissioner found that while some information was properly withheld as personal information under subsection 19(1), the institution failed to demonstrate that the remaining withheld information met the requirements for exemptions under paragraphs 20(1)(b) and 20(1)(c) of the Access to Information Act. The institution also failed to demonstrate that the information met the requirements for paragraph 20(1)(d) which was also claimed by a third party.
AI-generated summary for reference only. Always verify against the official decision ↗
The Minister of Fisheries and Oceans was ordered to disclose all withheld information, with the exception of the information that met the requirements of subsection 19(1).
- s.19(1) 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 of a decision and is not legal advice.