Federal (Canada) Privacy Decisions

The complainant alleged that CMHC improperly withheld records concerning the Canada Mortgage Bonds (CMB) and National Housing Act Mortgage-Backed Securities (NHA MBS) programs, citing several exemptions including government and third-party financial information. While CMHC justified withholding some information under exemptions for government financial/technical information and material available for purchase, it failed to provide sufficient justification for withholding third-party information under paragraph 20(1)(b). The Information Commissioner ordered CMHC to disclose this third-party information.

• Application of paragraph 18(a) to government financial, commercial, scientific or technical information
• Application of paragraph 20(1)(b) to confidential third-party financial, commercial, scientific or technical information
• Application of paragraph 68(a) to material available for purchase
• Reasonableness of CMHC's discretion in withholding information

The complainant alleged that Agriculture and Agri-Food Canada (AAFC) improperly withheld information related to communications about pig care standards. The information was claimed to be exempt under personal information (subsection 19(1)) and confidential third-party information (paragraph 20(1)(b)) exemptions. While some information was disclosed during the investigation, and the Commissioner found the remaining personal information properly withheld, the Commissioner determined that the information withheld under paragraph 20(1)(b) did not meet the exemption criteria. Therefore, the complaint was found to be well-founded.

• Control of records
• Application of subsection 19(1) (personal information)
• Application of paragraph 20(1)(b) (confidential third-party information)

The complainant alleged that the Social Sciences and Humanities Research Council (SSHRC) improperly withheld information related to a virtual town hall and SSHRC funding applications under paragraph 20(1)(b) of the Access to Information Act. The OIC found that SSHRC and the third party (Memorial University) failed to demonstrate that the withheld information met the requirements for exemption. Specifically, the OIC determined that the information did not meet the confidentiality criteria under the Act. As a result, the Information Commissioner ordered SSHRC to release all the withheld information.

• Whether the withheld information meets the definition of 'technical information' under paragraph 20(1)(b).
• Whether the withheld information meets the 'confidentiality' criteria under paragraph 20(1)(b).
• Whether the institution and third party met the burden of proof to justify withholding the information.
• Whether the information related to application success rates is financial or commercial information.

The complainant alleged that the Canadian Institutes of Health Research (CIHR) improperly withheld information concerning a research project and an individual's role on an advisory board. The request focused on specific pages of records previously withheld under paragraph 20(1)(b) of the Access to Information Act, relating to a seed grant program, a sentinel site, and a research network's governance structure. The Commissioner found that the information did not meet the criteria for exemption under paragraph 20(1)(b) as it was neither financial, commercial, scientific, nor technical. Consequently, the complaint was well founded, and the CIHR was ordered to disclose the information.

• Whether the withheld information meets the criteria for exemption under paragraph 20(1)(b) of the ATIA.
• Whether the information constitutes financial, commercial, scientific, or technical information as defined by the ATIA.
• Whether the third party provided sufficient representations to support the exemption.