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Federal (Canada)Access to Information ActWell-founded

5822-03848 — Fisheries and Oceans Canada

Organization: Fisheries and Oceans CanadaComplainant: Anonymous applicant
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Plain-language brief

The complainant alleged that Fisheries and Oceans Canada (DFO) improperly withheld records related to an application for a Fisheries Act authorization for a berth expansion project. DFO initially 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. A third party also argued for the application of paragraph 20(1)(d) (interference with negotiations). The Information Commissioner found that DFO failed to demonstrate that most of the withheld information met the requirements for paragraphs 20(1)(b), 20(1)(c), and 20(1)(d), citing issues with confidentiality, public availability, and lack of demonstrated harm. However, the Commissioner upheld the application of subsection 19(1) for personal information. Consequently, the complaint was found to be well founded, and DFO was ordered to disclose all information except that properly withheld under subsection 19(1). DFO notified the Commissioner of its intent to comply with the order.

Key issues
  1. 1Whether DFO properly withheld information under s.19(1) ATIA
  2. 2Whether the information met the definition of "personal information" under s.19(1) ATIA
  3. 3Whether any circumstances under s.19(2) ATIA existed to require discretion to disclose
  4. 4Whether DFO properly withheld information under s.20(1)(b) ATIA
  5. 5Whether the information was financial, commercial, scientific, or technical under s.20(1)(b) ATIA
  6. 6Whether the information was objectively confidential under s.20(1)(b) ATIA
  7. 7Whether the information was publicly available (as a criterion for confidentiality under s.20(1)(b) ATIA)
  8. 8Whether the information was communicated with a reasonable expectation of confidentiality under s.20(1)(b) ATIA
  9. 9Whether the relationship between DFO and the third party would be fostered for public benefit by maintaining confidentiality under s.20(1)(b) ATIA
  10. 10Whether the information was supplied by a third party to a government institution under s.20(1)(b) ATIA
  11. 11Whether the third party consistently treated the information as confidential under s.20(1)(b) ATIA
  12. 12Whether DFO properly withheld information under s.20(1)(c) ATIA
  13. 13Whether disclosure could reasonably be expected to result in material financial loss or gain to the third party under s.20(1)(c) ATIA
  14. 14Whether disclosure could reasonably be expected to injure the competitive position of the third party under s.20(1)(c) ATIA
  15. 15Whether DFO properly withheld information under s.20(1)(d) ATIA (as argued by third party)
  16. 16Whether a third party is or will be conducting contractual or other negotiations under s.20(1)(d) ATIA
  17. 17Whether disclosure could reasonably be expected to interfere with those negotiations under s.20(1)(d) ATIA
Outcome breakdownFavours: Both, in part
  • s.19(1) personal information: Exemption upheld
  • s.20(1)(b) confidential third-party: Exemption not upheld
  • s.20(1)(c) financial impact: Exemption not upheld
  • s.20(1)(d) negotiations: Exemption not upheld
  • Disclosure of records: Records ordered disclosed
  • Complaint outcome: Complaint well founded
Outcome

Complaint well founded — disclosure ordered

Reasoning

DFO failed to demonstrate that most of the withheld information met the requirements for the claimed exemptions under paragraphs 20(1)(b), 20(1)(c), and 20(1)(d) of the Access to Information Act, but the application of subsection 19(1) for personal information was upheld.

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Decision notes
Recommended action / remedy

The Commissioner ordered Fisheries and Oceans Canada to disclose all withheld information, except for that which met the requirements of subsection 19(1).

Statutes considered
  • s.19(1) ATIA
  • s.19(2) ATIA
  • s.20(1)(b) ATIA
  • s.20(1)(c) ATIA
  • s.20(1)(d) ATIA
  • s.20(2) ATIA
  • s.20(4) ATIA
  • s.20(5) ATIA
  • s.20(6) ATIA
  • s.30(1)(a) ATIA
  • s.35(2)(b) ATIA
  • s.37(2) ATIA
  • s.43 ATIA
  • s.3 Privacy Act
  • s.8 Privacy Act

This summary is for informational purposes only and does not constitute legal advice.

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