Federal (Canada) privacy & access decisions

The complainant requested a copy of an agreement between the Vancouver Fraser Port Authority (VFPA) and the Musqueam Indian Band. The VFPA withheld the entire agreement, citing exemptions related to competitive position and confidential third-party information. The Information Commissioner found that the VFPA did not adequately justify withholding the information under the competitive position exemption and failed to reasonably exercise its discretion. The Commissioner also found that the information did not meet the criteria for the confidential third-party information exemption. Consequently, the complaint was found to be well-founded.

• Whether the agreement between VFPA and Musqueam Indian Band qualified for exemption under subsection 18(b) of the Access to Information Act (ATIA).
• Whether the VFPA reasonably exercised its discretion to withhold the information under subsection 18(b) ATIA.
• Whether the agreement contained information qualifying for exemption under paragraph 20(1)(b) ATIA.
• Whether the information was supplied by a third party as required by paragraph 20(1)(b) ATIA.

The complainant alleged that Global Affairs Canada did not conduct a reasonable search for records related to international education roundtables in 2010 and Canada's decision not to endorse the "London Statement." The investigation found that additional responsive records should have existed but were not preserved due to inadvertence and poor information management practices. Global Affairs conducted further searches and found additional records. The Commissioner ordered Global Affairs to provide the newly found records and recommended improvements to information management practices.

• Reasonableness of the search conducted by the institution
• Proper preservation and retention of records
• Identification and disclosure of responsive records

The complainant alleged that Health Canada improperly withheld dates related to an Abbreviated New Drug Submission (ANDS) under exemptions for confidential third-party commercial information (paragraph 20(1)(b)) and potential financial impact on a third party (paragraph 20(1)(c)). The Information Commissioner found that the dates did not meet the criteria for either exemption, as they were considered administrative details rather than commercial information and the expectation of financial harm was too speculative. The Commissioner ordered Health Canada to disclose the dates.

• Whether the dates of correspondence are confidential third-party financial, commercial, scientific or technical information under paragraph 20(1)(b) of the ATIA.
• Whether disclosure of the dates could reasonably be expected to have a material financial impact on a third party or harm its competitive position under paragraph 20(1)(c) of the ATIA.
• The interpretation of 'commercial information' in light of Supreme Court of Canada jurisprudence.
• The requirement for a reasonable expectation of probable harm to justify withholding information under paragraph 20(1)(c).