BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/Federal Economic Development Agency for Southern Ontario (Re), OIC 2022 39
Office of the Information Commissioner of CanadaAccess to Information Act5821-01383Well-founded
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Federal Economic Development Agency for Southern Ontario (Re), OIC 2022 39

Organization: Federal Economic Development Agency for Southern Ontario
Decision: Aug 5, 2022Published: Aug 5, 2022

The complainant alleged that the Federal Economic Development Agency for Southern Ontario (FedDev Ontario) improperly withheld information related to funding applications from The Corporation of the Town of Niagara-on-the-Lake. The exemptions cited were for personal information, and confidential third-party financial, commercial, scientific, or technical information, and information affecting third-party negotiations. Neither the institution nor the third parties provided sufficient evidence to justify withholding the information. The Information Commissioner found the complaint well-founded and ordered the release of the records.

  • Whether the withheld information met the requirements for exemption under subsection 19(1) (personal information) of the ATIA.
  • Whether the withheld information met the requirements for exemption under paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information) of the ATIA.
  • Whether the withheld information met the requirements for exemption under paragraph 20(1)(c) (financial impact on a third party) of the ATIA.
  • Whether the withheld information met the requirements for exemption under paragraph 20(1)(d) (negotiations by a third party) of the ATIA.

Complaint well founded — disclosure ordered

The institution and third parties failed to provide sufficient evidence or representations to demonstrate that the withheld information met the requirements of the cited exemptions under the Access to Information Act.

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Recommended action / remedy

The Commissioner ordered the Federal Economic Development Agency for Southern Ontario to disclose all information at issue, except for specific columns deemed out of scope.

Statutory provisions cited
  • s.19 ATIA
  • s.20(1)(b) ATIA
  • s.20(1)(c) ATIA
  • s.20(1)(d) ATIA
  • s.30(1)(a) ATIA
  • s.36.1(1) ATIA

This is a summary of a decision and is for informational purposes only. It is not legal advice.